Ward v. Colquitt

Bleckley, Justice.

Upon a recognizance to answer for the offense of a misdemeanor, a judgment of forfeiture, nisi, was rendered in July, 1878. Scire facias issued, returnable to the next term of the court, and was served upon the bail. The bail appeared, and pleaded that they surrendered their principal to the deputy sheriff of the county on the 15th of September, 1878, in discharge of the recognizance, and that the deputy sheriff had authority to receive, and did receive, the principal into his custody. The state demurred to the plea, specially, on the ground that the deputy sheriff is not an…