Majority
p. 385Hayden and others, Judges of Oneida C P., vs. Palmer, impleaded with Eli Savage, survivors &c.
Headnote
In an action upon a bond given for the jail limits, the plea was, that the prisoner having been discharged as an insolvent, presented his discharge to the sheriff, who thereupon liberated him, &e.; held, that the matters alleged in the plea were sufficient to bar the action."Where a bill of exceptions was taken on the part of the plaintiff to the judge’s charge in respect to a notice of special matter, and it appeared that the jury had properly found a verdict for the defendant under a good plea in bar; held, that though the charge was erroneous, the plaintiff was not entitled to a new trial.
On error from the supreme court. For a report of the case in that court, see 2 Hill, 205 et seq. It was argued here by
H. P. Hastings, for the plaintiffs in error, and
W. Tracy Sp S. Beardsley, for the defendants in error.
p. 386
On the question being put, “ Shall this judgment be reversed 1” all the members of the court present who heard tbs' argument. voted for affirming.
Judgment affirmed.