
    Gardiner, assignee, &c. against Burham and Olcott.
    An action on» bail bond, may be brought ia this court, where the original suit was in a court of C. P., as of Madison county* and the principal resided in Montgomery, and the bail in Madison, as this court will relieve hail, on the same terms* as the court below, and costs' as in the C. P¿ only, are allowed.
    THIS was an action on a bail bond. The original suit was in the court of Common Pleas of Madison county. The principal resided in Montgomery county, and the bail in Madison; and the present suit was against both.
    
      Edwards, for the defendants, moved to set aside the proceedings.
    
      Brackett, contra,
    cited Haswell v. Bates and Lansing,
      
       and insisted that this cause came within the principle decided in .3hat case,
    
      
      
         9 Johns. Rep. 80. And see Davis v. Gillet, 7 Johns. Rep. 318.
    
   Per Curiam.

Though the bail reside within the county, yet we see no reason to set aside the proceedings. Relief will be granted on the same terms here as in the court below,-and costs of the court, of Common Pleas only will be allowed.

Motion denied.  