Warren v. Gilmore
Massachusetts Supreme Judicial Court
This was scire facias against bail, and was submitted to this court on facts agreed, of which the following are the most material: The plaintiff sued out a writ from the court of common pleas against Alfred B. Tilton, on the 11th day of January, 1850, on which being arrested, said Tilton gave a bail bond with the defendants as sureties. Judgment was rendered in said suit, at the October term of said court, 1850, and execution was issued on the 4th December following.
Read the full summary
This was scire facias against bail, and was submitted to this court on facts agreed, of which the following are the most material: The plaintiff sued out a writ from the court of common pleas against Alfred B. Tilton, on the 11th day of January, 1850, on which being arrested, said Tilton gave a bail bond with the defendants as sureties. Judgment was rendered in said suit, at the October term of said court, 1850, and execution was issued on the 4th December following. This execution was returned in January, 1851, non est inventus, and in no part satisfied. This action was commenced January…
1Opinion of the CourtMetcalf, J.
The St. of 1817, c. 146, which first authorized bail to discharge themselves by committing their principal to jail, and giving written notice to the plaintiff, or his attorney, of the time and place of the commitment, contained a provision that if such commitment should be made after a writ of scire facias had issued against them, they should pay the costs thereof before they should be discharged. But no time was expressly prescribed, within which those costs should be paid, in order to entitle the bail to a discharge. When the statutes were revised, the provisions of St. 1817 were…
2Cases cited4 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- Stewart v. McGuinNew York Supreme Court · 1823
- Smith v. RosecrantzNew York Supreme Court · 1810
- Milner v. GreenNew York Supreme Court · 1801