Tucker v. Davis
Supreme Court of Georgia
Scire Facias, in Stewart Superior Court. Tried before .Judge Crawford, April Term, 1854. . This was a sci. fa. against bail, on the civil side of the Court. At the return term, the counsel for the bail moved to dismiss the proceeding, on the grounds— 1st. That the condition of the bond is not conformable to law, in this—that it does not bind the bail to pay the amount of plaintiff’s demand, on failure to produce the bodies of defendants.
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Scire Facias, in Stewart Superior Court. Tried before .Judge Crawford, April Term, 1854. . This was a sci. fa. against bail, on the civil side of the Court. At the return term, the counsel for the bail moved to dismiss the proceeding, on the grounds— 1st. That the condition of the bond is not conformable to law, in this—that it does not bind the bail to pay the amount of plaintiff’s demand, on failure to produce the bodies of defendants. The bond was in double the amount of the debt, and was conditioned to be void, on the production and rendition of the defendants in execution. 2d. Because…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
There ajp three points made in the bill of exceptions. It is only necessary to consider one of them.
[1.] The bail excepts to the legality of the bond, upon which it is proposed to charge him. The condition of the bond is, that the principal shall, in the event of his being east, surrender his body in execution; or, on failure, the security shall do it for him; whereas, the form of the bond prescribed by law is, that the principal shall pay the debt, surrender himself in execution, or the bail shall pay it for him.
Here, then, there is a…
2Cited by3 opinions
- Swain v. JaudonSupreme Court of Georgia · 1918
- August v. AugustCourt of Appeals of Georgia · 1941
- Horton v. StateTexas Supreme Court · 1867