Strang v. Barber
New York Supreme Court
This was an action against the defendant, as the special bail of J. @. On Saturday in the first week'of the present term, the defendants surrendered their principal, and'on'that day obtained an order from the recorder of the city of New-York, to show cause on this day, why an exoneretur should not be entered on the. bail-piece. The surrender thus made, was within eight days after the return of the capias against the defendants.
Read the full summary
This was an action against the defendant, as the special bail of J. @. On Saturday in the first week'of the present term, the defendants surrendered their principal, and'on'that day obtained an order from the recorder of the city of New-York, to show cause on this day, why an exoneretur should not be entered on the. bail-piece. The surrender thus made, was within eight days after the return of the capias against the defendants. Notice having been given for that purpose, it was now moved to stay the proceedings against the, bail in this action, on the usual terms. It was insisted, on the part…
1Per curiam
The surrender was complete, and in time to entitle the defendants to have an exoneretur entered. The subsequent order and this motion were proper to put an end to this suit, when the plaintiff, would not submit. Bet the exoneretur be entered.(a)
Rule granted..
Ellis v. Hay, infra, 334; Kane v. Ingraham, infra, vol. 2, p. 403. Brown v. Smith, 9 Johns. R. 84; Brownelow v. Forbes, 2 id. 101; Wiggins v. Wilson, 5 Cowen, 420; Patten v. Stewart, 1 Hall R. 38. Where the suit against them is by declaration,'eight, days after the service of the declaration is "allowed ; and where the defendant had only…
2Cases cited7 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Boggs v. TeackleSupreme Court of Pennsylvania · 1812
- Collins v. CookSupreme Court of Connecticut · 1809
- Howe v. RansomSupreme Court of Vermont · 1828
- Mayell v. FollettNew York Supreme Court · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Remington v. HarringtonOhio Supreme Court · 1838
- Osborn v. . RogersNew York Court of Appeals · 1889