Emerson v. Brown
Superior Court of New Hampshire
A scire facias against bail, which contains no allegation that nótica was giren t» the bail, as required by the statute of 1818, cap. 35, is bad on demurrer.
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A scire facias against bail, which contains no allegation that nótica was giren t» the bail, as required by the statute of 1818, cap. 35, is bad on demurrer. This was a scire facias, in which Emerson alleged that by the consideration of the justices of the court of common picas, holden at Portsmouth, in this county, on the third Tuesday of January, 1819, he recovered judgment against Isaac Brovin for $13 78 debt, and $12 85 costs of suit, as by the record appears; that execution issued on said judgment, and was delivered to J.B. V., a deputy sheriff, to be levied in due form, who made his…
1Opinion of the Court
Richardson, C. J.,.delivered the opinion of the court.
By the statute of February 15, 1791, entitled “ an act “ regulating bail in civil causes,” sec. 1, it was enacted, 4 that u where bail is given upon mesne process in any civil action “ for the appearance of the party to answer the suit and to u abide the order or judgment of the court that shall be given “ thereon, every such surety or sureties shall be obliged to 4 satisfy the judgment obtained against the principal, in 4 case of the principal’s avoidance and return sof non est in-4 ventus upon the execution.”(1) The statute of 1818, cap.…
2Cited by2 opinions
- Bartlett v. ChurchillSupreme Court of Vermont · 1852
- Goodwin v. SmithSuperior Court of New Hampshire · 1827