Bearden v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. Jas. R. Dowdell. The record in this case shows that, on the 16th October, 1888, the appellants in this case, H. C. Bearden as principal, and the others as his sureties, entered into a recognizance, or bail-bond, which was approved by the sheriff, and conditioned for the appearance of said Bearden at the next ensuing term of the Circuit Court of said county, to answer an indictment there pending against him for…
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Appeal from the Circuit Court of Chilton. Tried before the Hon. Jas. R. Dowdell. The record in this case shows that, on the 16th October, 1888, the appellants in this case, H. C. Bearden as principal, and the others as his sureties, entered into a recognizance, or bail-bond, which was approved by the sheriff, and conditioned for the appearance of said Bearden at the next ensuing term of the Circuit Court of said county, to answer an indictment there pending against him for selling whiskey without a license; that at the next term of the court, Bearden failing to appear, a conditional judgment…
1Opinion of the CourtStone, C. J.
Bail is a delivery of a person to his sureties, upon their giving, together with himself, sufficient security for his appearance; he being supposed to continue in their friendly custody, instead of going to jail. — 2 Amer. & Eng. Encyc. of Law, 1. So, when bail is given for a defendant’s appearance at court, the sureties on the bail-bond become bailees, or custodians of the person of their principal; and they, at any time, before default against them is *22fixed, may surrender their principal in full discharge of their obligation for his appearance' at court. This is a common-law right, older…
2Cited by10 opinions
- Weaver v. StateAlabama Court of Appeals · 1911
- State v. CrosbySupreme Court of Alabama · 1896
- Swift v. EsdaleSupreme Court of Alabama · 1975
- Gray v. StricklandSupreme Court of Alabama · 1909
- State v. SandySupreme Court of Iowa · 1908
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