New York Supreme Court November 15, 1876 (Standacher v. Pregenzer)

Lawrence, J.

The proper remedy of the defendant is by supersedeas (2 R. S. [Edmond's ed.], p. 577, sec. 37; and see Smith agt. Knapp, 30 N. Y., p. 590). The statute provides that where any defendant shall be in custody upon a surrender or delivery of his bail made after judgment obtained against him, and such bail shall be thereupon exonerated, the plaintiff in such judgment shall charge such