Caines v. Hunt
8 Johns. 358
| N.Y. Sup. Ct. | 1811
Per Curiam.

This case is different from those cited by the plaintiff, from the English books, which were proceedings against the sheriff. Where insufficient or improper bail are put in, the regular course is for the plaintiff to except to them. He cannot treat the bail-piece as a pullity, and proceed on the bail-bond. 1 he proceedings in this case on the bail-bond were therefore, irregular.

Rule granted.