Stewart v. Warfield
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStey- This was -a summary proceeding, by notice and motion, at the suit of-Hazael Warfield, against George N. Stewart, as the surety on a bail-bond for one James Hagan,-who had been arrested on-a ca sa. -sued out'by said Warfield, The judgment is as follows : “ This day came the plaintiff, by his attorneys, and the defendant in his-own proper person ;: and it appearing to the court, that one James Hagan…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStey- This was -a summary proceeding, by notice and motion, at the suit of-Hazael Warfield, against George N. Stewart, as the surety on a bail-bond for one James Hagan,-who had been arrested on-a ca sa. -sued out'by said Warfield, The judgment is as follows : “ This day came the plaintiff, by his attorneys, and the defendant in his-own proper person ;: and it appearing to the court, that one James Hagan was arrested on the :15th March, 1858, by the sheriff of Mobile county, by virtue of a writ of capias* ad satisfaciendum,…
1Opinion of the CourtR. W. Walker, J.
The condition of a bail-bond may be broken, not only by the principal obligor’s passing beyond the prison bounds, that is, the boundary of the county, but also by his failure to surrender himself to the jailor at-the expiration of the term of sixty days. — Code, §§ 2734, 2737, 2740. “If the debtor is guilty of an escape, by passing beyoiid the prison bounds,” without payment of the judgment, interest, and costs, the obligee in the bond is entitled to a summary remedy, by notice and motion, against the debtor and his sureties on the bail-bond.— Code, § 2737. But no such summary proceeding is…
2Cases cited3 opinions
- Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
- Campbell v. MaySupreme Court of Alabama · 1858
- Underwood v. School Township 16Supreme Court of Alabama · 1859