Pierce v. Read
Superior Court of New Hampshire
In ibis state debt does not lie upon a bail bond. This was a writ of error, brought to reverse a judgment of the court of common pleas in this county. The original action was debt upon a bond, brought by Pierce, in which the defendants craved oyer of the bond, which was as follows : “ Know all men, &c. that we W. R., D. S.,N. K. and J. K, S “ all of Amherst, &c. are held, &c. to B. Pierce, Esq., sher- “ iff of said county of Hillsborough, in the sum of $20, &c.
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In ibis state debt does not lie upon a bail bond. This was a writ of error, brought to reverse a judgment of the court of common pleas in this county. The original action was debt upon a bond, brought by Pierce, in which the defendants craved oyer of the bond, which was as follows : “ Know all men, &c. that we W. R., D. S.,N. K. and J. K, S “ all of Amherst, &c. are held, &c. to B. Pierce, Esq., sher- “ iff of said county of Hillsborough, in the sum of $20, &c. “ Given under our hands and seals this 22dday of February, “ 1810.” They also craved oyer of the condition, which was as follows : “…
1Opinion of the CourtRichardson, C. J.
If an action of debt upon a bail bond can be maintained in this state, we entertain no doubt that both pleas in this case ought to have been adjudged insufficient. With regard to the second plea, we are not aware that there is any pre-tence whatever that it was an answer to the action. And the only ground on which the first plea has been attempted to be supported, is, that debt upon a bail bond is within the meaning of the clause in the statute of February 15, 1791, *360sec. 2,(1) which declares, “ that ho scire facias shall be serv- “ ed upon the bail, unless it be done within one year next “…
2Cited by3 opinions
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- State v. FolsomSupreme Judicial Court of Maine · 1846
- Jacobs v. StevensSupreme Court of New Hampshire · 1876