Matthews v. Cook

*34 By the Court,

Savage, Ch. J.

The cases cited onboth sides shew that the regular and proper practice is, to prosecute bail bonds and recognizancers of bail, in the same court in which the original suit was brought, because that court is thought to be the best able to judge of what terms should be granted to the defendant. There are many instances, however, both in England and in this state, where the suit has been brought in a different court. In Burtis v. M'Carty, 13 Johns. R. 424, this court said that the suit on recognizance of bail must be brought in the county where the original suit was…