1 Johns. Cas. 329 | N.Y. Sup. Ct. | 1800
The surrender was complete, and in time to entitle the defendants to have an exoneretur entered. The subsequent order and this motion were proper to put an end to this suit, when the plaintiff, would not submit. Bet the exoneretur be entered.
Rule granted..
Ellis v. Hay, infra, 334; Kane v. Ingraham, infra, vol. 2, p. 403. Brown v. Smith, 9 Johns. R. 84; Brownelow v. Forbes, 2 id. 101; Wiggins v. Wilson, 5 Cowen, 420; Patten v. Stewart, 1 Hall R. 38. Where the suit against them is by declaration,'eight, days after the service of the declaration is "allowed ; and where the defendant had only seven days after the service of the declaration, in the two first weeks of term, within which to surrender his principal, but did not do so, and the plaintiff proceeded to judgment and execution, this court held in a recent case, that the defendant had the whole of the vacation and the first day of the next term, in which to surrender, but that notwithstanding, the plaintiff had a right to proceed, subject to" the right of the defendant to surrender his principal, and they accordingly refused- to set aside the proceedings as irregular, but allowed the defendant until the first