Mills v. . Hildreth
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion upon the part of defendant Hildreth for leave to surrender his principal and to be exonerated as bail.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion upon the part of defendant Hildreth for leave to surrender his principal and to be exonerated as bail. (Reported below, Y Hun, 298.) This action was brought against defendants as sureties for one Rodewell upon an undertaking given to procure his discharge from arrest in an action brought against him by plaintiff in 1869. Plaintiff obtained judgment against Rodewell in October, 18Y2, and upon return of execution against his property, unsatisfied, an…
1Opinion of the CourtDanforth, J.
The reasons given by Brady, J., in his opinion in the Supreme Court are sufficient to commend the motion to the favorable consideration of this court, and if the order made in opposition thereto is subject to review by us, would lead to its reversal; but the respondent objects that it is not appealable, and the question thus raised-must be first considered. . The provisions of the Code of Civil Procedure relating to the exoneration of bail are relied upon to some extent by the appellant, but they are not applicable' to the case before us. The bail was charged, and the various matters now…
2Cases cited2 opinions
- Brady v. . BrundageNew York Court of Appeals · 1874
- Cushman v. . BrundrettNew York Court of Appeals · 1872
3Cited by1 opinion
- Schmohl v. FuscoNew York Court of Common Pleas · 1892