Houston v. Sedgewick

In my opinion the demurrer in this case must be sustained. The practice of. the court of King’s Bench in England as stated by Mr. Tidd in regard to affidavits required to hold to bail in a civil action, is as follows : “ If there be no affidavit or if the affidavit be defective, or not duly filed, or if the sum *134sworn to, be not endorsed, the Court will discharge the defendant upon common bail. And then he adds : “ But if the affidavit be merely informal, the defendant cannot object to it, after he has voluntarily, given a bail bond, put in or perfected bail above, taken the declaration out of…