Salter v. Smith

Jackson, Judge.

Jesse Peterson was indicted for larceny and imprisoned to answer the charge. Salter came into .Albany on Sunday and bailed him out of jail, standing his security on a bond for his appearance, taken by the sheriff. Peterson failed to appear at court, and a scire facias was sued out. Salter defended on . the ground that the bond was executed on Sunday, putting in a defense in writing to that effect. When the ease against Peterson was called on the trial criminal docket, Salter’s counsel asked if that was the cas*e on,which he was security; the sheriff and the'judge both replied…