Hyperlawhypertext legal database Stark v. Hemstead 13 N.Y. Sup. Ct. 301

← Cases

Stark v. Hemstead

13 N.Y. Sup. Ct. 301 Court N.Y. Gen. Term English

Judges Present — Barnard, P. J., Tappen and Taloott, JJ.

Delivered by Barnard, P. J.

Contents

Majority

p. 301
JOHN D. STARK, Appellant, v. ELIAS HEMSTEAD, Respondent.

Headnote

■ Smeties— discharge of— 2 S. 8., 380.
Where an application is made by sureties to an undertaking upon arrest, after suit brought against them, to exonerate themselves from liability, the surrender must be made under the Bevised Statutes. (2 B. S., 380; Code, § 409; dozen v. Walters, 55 N. Y., 304 .)
Appeal from an order made at the Special Term, exonerating the sureties upon an undertaking given upon the arrest of the defendant,
p. 302
John D. Pray, for appellant. Jackson do Burr, for respondent.

Opinion by

Present — Barnard, P. J., Tappen and Taloott, JJ.

Order reversed, with costs and disbursements.