Milner v. Green
New York Supreme Court
C. I. Bogert moved that an exoneretur be entered on the bail-piece in this cause, or that all proceedings against the bail be discharged. The principal had been declared a bankrupt in Rhode Island, under the law of the United States, and was served with a notice to surrender on the 25th April instant. On the 15th April he was arrested here on a ca. sa. and discharged. Bogert cited the 22d section of the law. (Laws U. S. vol. 5, p. 45. 6 Cong. 1 sess. c. 19.)
1Per curiam
One of the conditions of the recognizance is, that the defendant shall surrender himself to prison ; and when the defendant was arrested by the sheriff on the ca. sa. the condition was strictly complied with, and the bail discharged from their responsibility. Where bail are discharged, by the taking of the' defendant in execution, it is not usual, nor necessary, to enter an exoneretur on the bail-piece. On this ground we deny the motion. The bankrupt law is not to be construed injuriously to bail. It was not made, to affect their rights, but those of the plaintiffs; and if the defendant has…
2Cited by1 opinion
- Warren v. GilmoreMassachusetts Supreme Judicial Court · 1853