
    Frank S. Colton, Plaintiff, v. Lawrence M. Sullivan, Sued Here as “ Larry” M. Sullivan, Defendant.
    (Supreme Court, New York Special Term,
    September, 1907.)
    Bail in civil actions — Exoneration of bail — Vacation of writ.
    Vacating an order of arrest works a legal discharge of the defendant from the obligation to render himself amenable to the process with respect to which the undertaking of his bail was given, and the hail should be exonerated under the provisions of section 601 of the Code of Civil Procedure.
    
      Motion for the exoneration of bail.
    James C. Lenney, for plaintiff, sheriff of Mew York county.
    Samuel M. Fischer, for John J. White and Antonio Cardone.
   Brady, J.

A careful reconsideration of section 601, Code Civil Procedure, impels the conclusion that the vacation of the order of arrest herein worked a legal discharge of the defendant from the obligation to render himself amenable to the process with respect to which the undertaking of the bail was given, and that the bail must be exonerated. Motion granted and bail exonerated.  