Truitt v. Landesman

The opinion of the court was delivered by

Lloyd. J.

The question in this case is whether the surety in a capias case properly surrendered his principal so as to prevent a judgment being entered in an action against the surety after judgment, execution and a return of non est ■inventus as to the defendant in the principal cause. The court below held that the surrender was legally made, and in the trial before the judge without a jury upon a stipulation ■of facts, judgment was given in favor of the defendant. From this judgment the plaintiff appeals.

The essential facts as stipulated by tbe…