Embree v. Norris & Keith
Supreme Court of Alabama
Error to the Circuit Court of Coosa county. Tee defendants in error brought suit against the plaintiffs in error, by scifa. as the bail of J. F. and M. H. Johns.
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Error to the Circuit Court of Coosa county. Tee defendants in error brought suit against the plaintiffs in error, by scifa. as the bail of J. F. and M. H. Johns. The condition of the bail bond, as set out in the scire facias, is as follows: “ The condition of the above bond and obligation is such, that if the above bound J. F. Johns and M. H. Johns will make their personal appearance before the Honorable the Judge of the Circuit Court, at a Court to be holden at the Court-house in the county of Coosa, at Rockford, on the fourth Monday of this instant, and will attend from day to day and from…
1Opinion of the CourtOrmond, J.
— By the common law, the sheriff was bound to produce the body of the defendant in Court, at the return of the writ, and. was not bound to take bail for the appearance of the party, unless he sued out a writ of mainprize, though he might do so, if he thought proper. But this giving rise to ex*273tortion and oppression, the statute of 23rd, Henry 6th, was passed by, the 10th section of which, the sheriff was required to let out of prison all persons in custody, of any writ, bill, or warrant, upon reasonable sureties of sufficient persons, upon, condition, “ that the person shall appear at the day…
2Cited by3 opinions
- Smith v. AlexanderSupreme Court of Missouri · 1860
- Edmondson v. WelshSupreme Court of Alabama · 1855
- Walker v. MasseySupreme Court of Alabama · 1846