Ward v. Mozer & Mervin

By the Court,

The cases cited-are conflicting. Shuttle y. Wood holds that in an action in the king's bench on a recognizance taken in the common bench the court are to be governed in respect to the surrender of bail by the practice of the latter court; whereas the case of Fisher v. Branscombe holds that the practice of the court in which the action against the bail is brought should govern. I am disposed to adopt the latter case as a precedent, and therefore grant the motion.