New York Supreme Court July 15, 1841 (Van Duyne v. Coope)

By the Court, Cowes, J.

We think the learned judge erred in nonsuiting the plaintiff. We waive the question whether notice of the exception was given to the coroner or not; for we think that an exception entered on a replevin bond, with all the notice required by the statute, •followed by the mere neglect of the sureties to justify, will not work their discharge.