Maloney v. Newton

The single question presented by this record is this: Is a resident householder, who enters himself as replevin bail on a judgment obtained against a defendant in a prosecution for bastardy, entitled to the benefit of the exemption law ?

The contention of the appellees is, that the bail is bound to the same extent as the principal, and that where the principal is not entitled to the benefit of the law, the bail can not be. It is true that a replevin bail undertakes to pay the judgment according to its legal tenor and effect; thus, if the judgment replevied is payable without relief, then the…