Cusick v. Cohen , 3 Denio 267 ( 1846 )

By the Court, Bronson, Ch. J.

The bond remains with the sheriff, and I do not- think the defendant is obliged to seek him in order to make an exception to the sureties; and I see no reason for requiring the exception to be endorsed on the writ. It is enough that it be filed with the clerk of the court. The defendants are regular, but the plaintiff may be relieved on terms.

Ordered accordingly.