Valentine v. Smith
Ohio Supreme Court
Reserved in the county of Hamilton. This is a writ of certiorari, to reverse an order of the court of common pleas of Hamilton county, staying the proceedings in an action, of debt brought by the plaintiff against the defendants, as the appearance bail of ¥m. S. Smith, on a bail bond executed to the sheriff and assigned to the plaintiff. The facts are stated in the bill of exceptions.
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Reserved in the county of Hamilton. This is a writ of certiorari, to reverse an order of the court of common pleas of Hamilton county, staying the proceedings in an action, of debt brought by the plaintiff against the defendants, as the appearance bail of ¥m. S. Smith, on a bail bond executed to the sheriff and assigned to the plaintiff. The facts are stated in the bill of exceptions. They are these: The original suit was commenced by capias on April 20, 1832, returnable to the August term following. The defendant was arrested, and on the 28th of May, with Lovell and Williams, as sureties,…
1Opinion of the Court
Judge Wood
delivered the opinion of the court:
In an action against appearance bail, the statute vests in the courts of this state a discretionary power,^intended to be sufficiently ample to effect all the purposes of substantial justice. The object of bail is to secure the defendant’s person to respond to the judgment. When this is accomplished the design of the law is, in ordinary cases, fulfilled. When no real injury has accrued, but a technical right of action only exists against the bail, it would be a reproach to the administration of justice if there was not power, somewhere, to stay or…
2Cases cited1 opinion
- Beecker v. SimmonsNew York Supreme Court · 1810