
    Ainsworth v. Peabody.
    The bail is exonerated by a judgment in favor of his principal, although upon a new trial judgment is against him.
    Scire Pacías on a bond given for the appeal of a cause. The appellant recovered in. said cause — afterwards a new trial was granted, and final j udgment was rendered in favor of the appellee — who now brought this scire facias against the bail.
    The question of law! was — Whether the bondsman was not exonerated by the first judgment in favor of the appellant. Had the judgment been set aside by a writ of error the bail would not be subjected. This was decided in the case of Butler v. Bissel at New London, September Term, 1785 — ón a scire facias against the special bail. And the courts have considered a judgment set aside by granting of a new trial, as Laving tbe same effect in respect to the bail as a judgment reversed upon a writ of error. See Fleming, Executor of McDonald, v. Sheriff Lord, Litchfield, August Term, 1790.
   The plaintiff finding the opinion, of the court against him, withdrew the action.  