Chiles v. Beal
Supreme Court of Alabama
THIS was a proceeding- by sewe facias against bail in the County Court of Greene county. In the sci. fa. the action in which the defendant was bail, is described as an action of “ trespass on the case upon promises.”' The record was vouched in usual' form, but no proferí was made of the bail bond. The defendant craved oyer of the recognizance of bail, and the entire record of the cause in which bail was taken, set them out at length and demurred.
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THIS was a proceeding- by sewe facias against bail in the County Court of Greene county. In the sci. fa. the action in which the defendant was bail, is described as an action of “ trespass on the case upon promises.”' The record was vouched in usual' form, but no proferí was made of the bail bond. The defendant craved oyer of the recognizance of bail, and the entire record of the cause in which bail was taken, set them out at length and demurred. The writ in that cause called upon defendant to answer to the plaintiff “in a plea of trespass on the case upon promises,” while the condition of…
1Opinion of the Court
COLLIER, C. J
It is' insisted for- plaintiff in error, that as oyer cannot-be had of a record,, no objection could have been taken on demurrer to- a defect in the bail bond.
Oyer it is said, was formerly demandable, not only of deeds, but of records; but by the more recent practice, it is not granted of a record. The King v. Amery, (1 T. Rep. 150;) unless it be a deed enrolled, letters- of administration, &c. of which profert is made. (1 Arch. Prac. 164.) Of private writings not under seal, oyer never could' be claimed of right, but Courts will sometimes make an order for- their production, so…
2Cited by4 opinions
- Hall v. StateSupreme Court of Alabama · 1846
- Robinson v. StateSupreme Court of Alabama · 1843
- Richardson v. StateSupreme Court of Alabama · 1858
- State v. CraigSupreme Court of Alabama · 1847