Mills v. Rodewald
New York Supreme Court
Appeal from an order made at the Special Term, denying an application of the appellant to surrender the defendant Rodewald, and to be exonerated from liability as his bail. The first above entitled action was the action m which the undertaking was given. The second above entitled action was brought upon the undertaking, against the sureties thereon.
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Appeal from an order made at the Special Term, denying an application of the appellant to surrender the defendant Rodewald, and to be exonerated from liability as his bail. The first above entitled action was the action m which the undertaking was given. The second above entitled action was brought upon the undertaking, against the sureties thereon. The defendant Rodewald was arrested and held to bail in the sum of $10,000 in the action brought against him, which was commenced in 1869. The defendant Hildreth became one of his sureties, and executed an undertaking under section 187 of the…
1Dissent
'Brady, J.,
dissenting:. Judge Brady after stating tbe facts as above set forth in addition thereto said:
It may be here noted that it did not appear on the original motion that Mrs. Rodewald was not indemnified in any way by her husband. It further appears also that Mrs. Rodewald ■denies her liability on the bond executed by her under the laws of this State. This statement presents the questions which we are called upon to examine and the facts are novel. the departure of the defendant Rodewald was not made under any “unsettled conditions. He bad applied for bis discharge and bad ■obtained it.…
2Cases cited4 opinions
- Whelan v. WhelanNew York Supreme Court · 1824
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
- Brady v. . BrundageNew York Court of Appeals · 1874