Dunkin v. Hodge
Supreme Court of Alabama
Appeal from Circuit Court of Perry. Tried before Hon. Milton J. Saeeold. The appellee sued the appellant to recover from him money- which the complainant alleged she had deposited with him as indemnity against his liability as bail for her son, who was in jail, under the commitment of a magistrate, for assault with intent to murder.
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Appeal from Circuit Court of Perry. Tried before Hon. Milton J. Saeeold. The appellee sued the appellant to recover from him money- which the complainant alleged she had deposited with him as indemnity against his liability as bail for her son, who was in jail, under the commitment of a magistrate, for assault with intent to murder. He defended on the ground that the money was paid to him in consideration of his becoming bail for her son, so that he might get out of jail and run away. • This defense was supported by his own testimony, while the complaint was sustained by two witnesses, one of…
1Dissent
PETERS, J.,
(dissenting). — The reversal in this case is proper, but I am not able to consent to the argument upon which it is based or the deductions from it.
Undoubtedly it is the right of all persons, before conviction, to be bailed by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and excessive bail shall not in any case be required. Const. Ala. 1867, Art. I. § 18 ; Rev. Code, §§ 4234-35 ; Ex parte Croom & May, 19 Ala. 561 ; Ex parte Banks, 28 Ala. 89. After a defendant is once discharged on bail, I know of no law that confines him to…
2Cases cited5 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Phillips v. KellySupreme Court of Alabama · 1857
- Ex parte BanksSupreme Court of Alabama · 1856
- Motley v. MotleySupreme Court of Alabama · 1871