Parker v. Bidwell
Supreme Court of Connecticut
THIS was an action for trespass, assault and battery, and for false imprisonment, tried at New-Haven, January term,. 1819, before Trumbull, Hosmer and Peters, Js. Isaac Upson had obtained a judgment and execution, in an action on a promissory note, before a court of competent jurisdiction in the state oi New-York, against the plaintiff and one Byington. This judgment had never been satisfied nor reversed; nor had any ca. sa. issued thereon.
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THIS was an action for trespass, assault and battery, and for false imprisonment, tried at New-Haven, January term,. 1819, before Trumbull, Hosmer and Peters, Js. Isaac Upson had obtained a judgment and execution, in an action on a promissory note, before a court of competent jurisdiction in the state oi New-York, against the plaintiff and one Byington. This judgment had never been satisfied nor reversed; nor had any ca. sa. issued thereon. Upson died soon after it was rendered, intestate ; and no administration was taken out on bis estate. Huron Simmonds, by virtue of a bail-piece, and a…
1Opinion of the Court
Hosm-er, Ch. J.
The charge to thejury, In this case, was manifestly incorrect. The law supposes the principal to be in the custody of his bail; and the bail may take him when he pleases, and detain him, or surrender him into the custody of the sheriff. Anon. 6. Mod. 231. Ex parte Gibbons, 1 Atk. 238. Anon. 2 Show. 214. [202.] This act he may do personally, or by an authorised agent. Meddowscroft v. Sutton, *861 Bos. & Pull. 61. Fisher v. Fallows, 5 Esp. Rep. 171. Nicolls v. Ingersoll, 7 Johns. Rep. 145. If it were not so, the bail might often be exposed to great and unnecessary hazard.
The death of…
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