Smith v. Dennis
Supreme Court of Alabama
Error to the Circuit Court of Barbour. THE Court below, on motion, discharged the bail which had been taken in a suit of the plaintiff in error v. one McMa-han, supposing that the bail was discharged by the act of 1839, abolishing imprisonment for debt. From which judgment the plaintiff prosecutes this writ of error.
1Opinion of the CourtOrmond, J.
In discharging the bail for the cause assigned, the Court no doubt erred, as was determined by this Court, in the case of Kennedy v. Rice, 1 Ala. Rep. N. S. 11; it is, however, insisted by the counsel for the defendant in error, that conceding it to be erroneous, the plaintiff in error cannot be heard, to controvert it, as he has no interest in the matter.
It appears from the record, that at the return term, the plaintiff gave notice to the sheriff of the insufficiency of the bail taken by him, and that a motion would be made to the Court to substitute him as bail. Upon the hearing of this…
2Cases cited1 opinion
- Flack v. EagerNew York Supreme Court · 1809