Goodwin v. Smith
Superior Court of New Hampshire
This was a scire. Jemas against bail, in which it was alleged that the plaintiff, at the September term of this court herein 1824, recovered judgment against James Smith for $33 damage, and $8 44 costs of suit: and on the 7th January, 1825, sued out execution and delivered the same to a deputy ¡sheriff, who, on the 13th January, 1825, gave notice to the defendant, who was bail in the action, in writing, that he had the execution in his hands, the amount of the same, and when…
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This was a scire. Jemas against bail, in which it was alleged that the plaintiff, at the September term of this court herein 1824, recovered judgment against James Smith for $33 damage, and $8 44 costs of suit: and on the 7th January, 1825, sued out execution and delivered the same to a deputy ¡sheriff, who, on the 13th January, 1825, gave notice to the defendant, who was bail in the action, in writing, that he had the execution in his hands, the amount of the same, and when returnable ; and having kept the said execution in his hands until the return day made his return in the words…
1Opinion of the CourtRichardson, C. J.
It must now be considered as settled in this state as a general rule, that, if the principal die after a return of non est inventus, the bail are inevitably fixed. 1 N. H. Rep. 172, Hamilton v. Dunklee. And the question in this case is, whether the general rule is applicable in cases, where the principal may have been so sick from the time of the rendering of the judgment against him, until after the return of non est inventus, that he could not have been surrendered without danger of his life ?
It seems to be well settled, that whenever before a return of non est inventus, the surrender of…
2Cases cited6 opinions
- Smock v. HendersonIndiana Superior Court · 1872
- Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Loflin v. FowlerNew York Supreme Court · 1820
- Emerson v. BrownSuperior Court of New Hampshire · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911