Sayward v. Conant
Massachusetts Supreme Judicial Court
This was a scire facias against the defendants, as bail oí one Benjamin Stevens. The defendants plead in bar of execution that, after they became bail for said Stevens, and before the judgment in the original action was rendered against him, viz., on, &c., the said Stevens duly and regularly enlisted into the army and service of the United States oj America, as a private soldier, and ever since that time has continued to be, and now is, a private soldier in the army and…
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This was a scire facias against the defendants, as bail oí one Benjamin Stevens. The defendants plead in bar of execution that, after they became bail for said Stevens, and before the judgment in the original action was rendered against him, viz., on, &c., the said Stevens duly and regularly enlisted into the army and service of the United States oj America, as a private soldier, and ever since that time has continued to be, and now is, a private soldier in the army and service of the said United States; and this they are ready to verify. Where fore, &c. To this plea the plaintiffs demur…
1Per curiam
The facts set forth in this plea are not sufficient to discharge bail, (a)
Plea in bar adjudged bad.
Where the principal had been impressed in his majesty's service, it was held, that the bail were entitled to an exoneretur. — Robertson vs. Patterson, 7 East, 405. — 3 Smith, 556. — So when the principal was made a peer, (Trinder vs. Shirley, 1 Dougl. 45,) or had been elected a member of the House of Commons. — Langridge vs. Flood, 4 East, 190.— 1 Tidd. 314, 7th ed.
The defendant being in custody on an extent at the suit of the crown, affords no ground for application for an exoneretur. — Hodgson…
2Cases cited2 opinions
- Bignell v. ForrestNew York Supreme Court · 1807
- Cathcart v. CannonNew York Supreme Court · 1799
3Cited by7 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
- Bigelow v. JohnsonMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. BautistaMassachusetts Supreme Judicial Court · 2011
- Craggin v. BaileySupreme Judicial Court of Maine · 1843
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