Legal Opinion · Dissent

Hannah v. Wells

Oregon Supreme Court

Decided September 15, 1872Published

Appeal from Jackson County. The facts are stated in the opinion of the Court.

1DissentMcArthur, J.

I am unable to concur with the views expressed and the conclusion reached by my brethren upon the second point discussed in the opinion just read by the Chief Justice. Assuredly the undertaking of bail was a contract, and one, too, which must be construed most strongly in favor of the State, and the parties signing the same must strictly comply with its terms, (Barney v. Newcolm, 9 Cush. 56; Champlain v. The People, 2 N. Y. 82.)

I am of opinion that it is not necessary, in order to create a' liability, that the crime for which a person is admitted to bail be set forth or described in the…

2Cases cited8 opinions

  1. State v. ShippeySupreme Court of Minnesota · 1865
  2. Blossom v. . GriffinNew York Court of Appeals · 1856
  3. Murphy v. PeopleIllinois Supreme Court · 1865
  4. Champlain v. . the PeopleNew York Court of Appeals · 1848
  5. Hague v. StateMississippi Supreme Court · 1872

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