Harrington v. Dennie
Massachusetts Supreme Judicial Court
Scire facias against the defendant, as bail of S. C. Hixon. The defendant pleaded in bar of execution, that the said Hixon was, on &c., [since the original arrest] duly enlisted into the service of the United States as a non-commissioned officer, namely, as a sailing-master in the navy, and bound and holden to do duty therein as such. To this plea the plaintiff demurred generally, and the defendant joined in the demurrer.
1Opinion of the CourtParker, C. J.
It is well settled, that whatever would render the arrest unlawful, or ineffectual by operation of law, the bail may show in answer to the scire facias. The case cited from Douglas is strong to this point. A rule was obtained, to show cause why an exoneretur should not be entered on the bail-piece, the principal having become a peer by succession. The ground of the motion was, that it was no longer in the power of the bail to surrender the principal; and the rule was made absolute.
It is true, that, in the case cited, this motion was made in the original action ; and the defence now set up is…
2Cases cited1 opinion
- Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- State v. ScottSupreme Court of Iowa · 1865
- Alford v. IrwinSupreme Court of Georgia · 1864
- Commonwealth v. BautistaMassachusetts Supreme Judicial Court · 2011
- Craggin v. BaileySupreme Judicial Court of Maine · 1843
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