Campbell v. Palmer

Curia. Post v. Riley, (18 John. 54,) and Mechanics’ Bank v. Hazard, (9 id. 392,) are in point against the application. The discharge should have been pleaded, being long before judgment. This not being done, the defendant cannot avail himself of it, and the bail are concluded. They must discharge themselves in the ordinary way, by surrender. (Franklin v. Thurber, 1 Cowen, 427.) Motion denied.