Edwards v. Gunn
Supreme Court of Connecticut
This was an action on a bail-bond, conditioned for the appearance of one Isaac Gunn, in a civil action. The cause was tried at New-Haven, August term, 1819, before Chapman, J. After judgment against the principal, an execution, issued thereon, was put into the hands of Ebenezer Fowler, a deputy of the sheriff of New-Haven county, which would expire on the 29th June, 1818. On the 19th of that month, Fowler made search for the body of the principal, and was informed, that he…
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This was an action on a bail-bond, conditioned for the appearance of one Isaac Gunn, in a civil action. The cause was tried at New-Haven, August term, 1819, before Chapman, J. After judgment against the principal, an execution, issued thereon, was put into the hands of Ebenezer Fowler, a deputy of the sheriff of New-Haven county, which would expire on the 29th June, 1818. On the 19th of that month, Fowler made search for the body of the principal, and was informed, that he lived in the state of New-York, and that the defendant, his bail, had sent for him, with a view to surrender him on the…
1Opinion of the Court
Hosmer, Ch. J.
The obligation of bail, arises from contract and the law conjointly, which extends his privilege beyond the express condition of the bond. The statute subjects him, in case of the principal’s avoidance, and a return of non est inventus on the execution. This event does not take place, on the omission to surrender the principal in court, nor until, after the exercise of due diligence, the execution is legally returned. It is unquestionably the officer’s duty to exert himself faithfully and dilligently for the apprehension of the debtor. If, after the lapse of a reasonable period,…
2Cases cited1 opinion
- Collins v. CookSupreme Court of Connecticut · 1809
3Cited by4 opinions
- Beebe v. GardnerSupreme Court of Connecticut · 1835
- Hall v. WhiteSupreme Court of Connecticut · 1858
- Eldridge v. BellowsSuperior Court of New Hampshire · 1814
- Hart v. StevensonSupreme Court of Connecticut · 1857