
    Butler v. Bissel.
    Bail exonerated by a final judgment in favor of tlie defendant, although such judgment be afterwards reversed for error.
    Sonus Eacias, on special bail given for one "Wales, by tbe defendant; setting forth tbe action and tbe bond, that said cause was appealed into tbe Superior Court; when, and where upon a demurrer to tbe declaration, judgment was given for tbe defendant said Wales; which judgment was afterwards reversed upon a writ of error by tbe Supreme Court of Errors, and sent back to tbe Superior Court; and that said Superior Court gave judgment for tbe plaintiff said Butler to recover of said Wales £ damages, and cost; for which be bad an execution and delivered it to a lawful officer, who made return thereof with non est inventus, indorsed thereon, and that tbe debtor said Wales, was gone out of tbe country, praying for remedy against tbe bondsman, etc.
    Tbe defendant plead in bar — Tbe first judgment which was rendered in tbe Superior Court in favor of said Wales, that'the same was a final judgment in said cause, and that tbe defendant was thereby wholly discharged and exonerated from bis said bail bond.
    Plaintiff replied — That said judgment was reversed by tbe Supreme Court of Errors, and that tbei’e was no such record and judgment existing and in force, as tbe defendant bad alleged in bis plea in bar.
    To this reply tbe defendant demurred.
    Judgment —• That tbe reply of tbe plaintiff is insufficient, upon tbe ground that tbe bail was discharged and exonerated, by tbe first judgment in tbe Superior' Court; notwithstanding it bad been reversed for error in tbe Supreme Court of Errors.
   This determination of tbe Superior Court was’ afterwards affirmed, upon a writ of error by tbe Supreme Court of Errors.  