Schwarzschild & Sulzberger Co. v. Cryan
Michigan Supreme Court
Certiorari to Berrien; Coolidge, J. Action by the Schwarzschild & Sulzberger Company against Edward Cryan, Monroe H. Morrow, and Edward Dwan, on an appearance bond. An order exonerating the sureties on the bond is reviewed by plaintiff on certiorari.
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Certiorari to Berrien; Coolidge, J. Action by the Schwarzschild & Sulzberger Company against Edward Cryan, Monroe H. Morrow, and Edward Dwan, on an appearance bond. An order exonerating the sureties on the bond is reviewed by plaintiff on certiorari. The defendant Edward Cryan was arrested upon a capias tested July 11, 1910, upon which was indorsed an order to hold to bail in the sum of $2,000. On the same day (July 11, 1910) the said Cryan and the defendants Morrow and Dwan, as his sureties, made their bond to the sheriff of the county in the sum of $2,000, conditioned that the said Cryan…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). That the sureties who give special bail may surrender their principal within eight days after suit is begun upon the bond, is held in Begole v. Stimson, 39 Mich. 288. See Lyman v. Giddey, 96 Mich. 401 (56 N. W. 6); Umphrey v. Emery, 121 Mich. 184 (80 N. W. 14); 3 Comp. Laws, §§ 10047, 10048. The statute (3 Comp. Laws, § 10049) provides that, when a bail bond shall have been taken on the arrest of a defendant, the bail therein may surrender their principal, or he may surrender himself in exoneration of his bail in the same manner before the same officers and with the…
2Cases cited4 opinions
- Begole v. StimsonMichigan Supreme Court · 1878
- McNeal v. Van DuserMichigan Supreme Court · 1905
- Umphrey v. EmeryMichigan Supreme Court · 1899
- Lyman v. GiddeyMichigan Supreme Court · 1893