Obregon v. De Mier
New York Court of Common Pleas
Motion for exoneration of 'bail after judgment, by which it is claimed that defendant was discharged from the obligation to render himself amenable to process {Oode, sec. 601).
1Opinion of the CourtJ. Y. Daly, J.
A motion by the bail is the proper course, if they desire'to be exonerated from liability under Section 601 (Von Gerhard agt. Lighte, 13 Abb., 103; Hayes agt. *391Berryman, 21 How., 143; Merritt agt. Thompson, 1 Hilt., 550). Whatever question arises upon the .judgment or proceedings in the action, touching the liability of the bail, must necessarily therefore be discussed and decided upon such a motion.
Defendant was held to bail upon an order of arrest in this action, brought to recover moneys due from him which he had received in a fiduciary capacity. It is now claimed by the bail that by an…
2Cases cited2 opinions
- Merritt v. ThompsonNew York Court of Common Pleas · 1858
- Nelson v. BlanchfieldNew York Supreme Court · 1869