New York Court of Common Pleas April 3, 1876 (Davis v. Van Buren)

Charles P. Halt, Chief Justice.

There is undoubtedly a difference between an undertaking given to discharge from an arrest and one given upon an appeal from a judgment. One is a substitute for the former bail to the sheriff and special bail (In re Taylor, 7 How. Pr. 212; Steward v. Howard, 15 Barb. 26), and the other is the substitute for the former bail in error (Graham’s Pr. 948; 2 Dunlap Pr.