McIntyre v. Borst

By the court, Brady, J.

The defendant Borst signed an undertaking in an action of claim and delivery on behalf of the plaintiff in the action. His sufficiency was excepted to. He was examined and rejected, but the plaintiff’s attorney, after the period allowed for the justification had elapsed, and after another surety had been substituted, countermanded the exception. The question which arises upon these facts is, whether this defendant is liable upon that undertaking. The rule is well settled that if bail do not justify within the time allowed by the. rules of the court, they cease to be…