Savannah Guano Co. v. Stubbs

The Savannah Guano Company brought an action of bail-trover against M. J. Stubbs, to recover certain described fertilizers and promissory notes. The sheriff made an entry that he had served personally the defendant, and demanded bond of *410him, which he failed to give, because of his poverty, and that he had him in custody. The defendant applied to the court to be discharged on his own recognizance. The plaintiff pleaded in abatement that the defendant was not entitled to be discharged, for the reason that neither at the time of his application nor at any other time had he been committed to…