Olcott v. Lilly
New York Supreme Court
KIRKLAND, for the defendant, moved for leave to enter an exoneretur on the bail-piece, on which the present . ... suit was brought.
Read the full summary
KIRKLAND, for the defendant, moved for leave to enter an exoneretur on the bail-piece, on which the present . ... suit was brought. The defendant, in his affidavit, stated, that after the plaintiff had obtained a judgment against the principal, he sued out a fieri facias against him returnable in November term last, on which the property of the principal was taken arid sold, and the proceeds thereof applied towards the satisfaction of the judgment; that at the return of the fieri facias, the principal was sick, and in so low a state of health, that x x * ' he could not be surrendered, without…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court, 1. There is no case in which the death of the principal, after the return and filing of the ca. sa. has been allowed as a ground for relief. All the cases agree, that after the bail are fixed, de jure, they take the risk of the death of the principal. , The attempt for relief has frequently been made, and as often denied. The time which is allowed the bail, ex gratia, is at their peril, and they must surrender. (1 Roll. Abr. 336, (C. 1.) *40912 Mod. 601. Freem. Rep. 338. 1 Str. 511. 2 Ld. Raym. 1452. 2 Str. 717. 2 Wils. 67. 6 Term Rep. 284.) There are…
2Cases cited1 opinion
- Seaman v. DrakeNew York Supreme Court · 1803
3Cited by16 opinions
- United States v. MacKSupreme Court of the United States · 1935
- Boggs v. TeackleSupreme Court of Pennsylvania · 1812
- Mather v. PeopleIllinois Supreme Court · 1850
- Beers v. HaughtonU.S. Circuit Court for the District of Ohio · 1834
- Belknap v. DavisSupreme Court of Vermont · 1849
11 more not listed; retrieve them via the Exa API.