Russell v. Hart

In considering the first error assigned, a previous question presents itself; that is, ought the record in the original action against the principal to.be certified and considered as a part of the record against the bail? From the most attentive consideration of this question, and laborious researches made by the court, the negative of the question must be determined.

In 2 Crompton’s Practice, 92, in a writ of error by bail, the record of the judgment against the principal need not be certified. If there be judgment against the principal, also judgment against the bail, the principal can not…