Plummer v. People
Illinois Supreme Court
This case was on a scire facias, on a recognizance executed by Seymour Plummer, as principal, and the other two as sureties, taken by two justices, to release the body of Seymour Plummer from imprisonment in the county jail. It was conditioned for his appearance before the Circuit Court of said county, to answer to an indictment to be preferred against him for the crime of larceny. The defendants not appearing, there was a forfeiture of the recognizance.
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This case was on a scire facias, on a recognizance executed by Seymour Plummer, as principal, and the other two as sureties, taken by two justices, to release the body of Seymour Plummer from imprisonment in the county jail. It was conditioned for his appearance before the Circuit Court of said county, to answer to an indictment to be preferred against him for the crime of larceny. The defendants not appearing, there was a forfeiture of the recognizance. The scire facias was demurred to and amended, and then Horace Plummer and Edgar Plummer plead, 1st. “ Nul tiel record.” 2nd. That at the…
1Opinion of the CourtCatou, J.
This is a scire facias, upon a forfeited recognirzance against the principal and sureties. The sureties first pleaded that the recognizance was extorted from them by the illegal imprisonment of the principal, setting forth the facts constituting the illegality of the imprisonment of the principal. We think the demurrer to these pleas of duress by the sureties, was properly sustained. Is seems to be a well-settled principle of law, that sureties cannot plead the duress of the principal. Although the principal may have been constrained to execute the recognizance by means of the duress, yet the…
2Cited by10 opinions
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Haney v. PeopleSupreme Court of Colorado · 1888
- Peacock v. PeopleIllinois Supreme Court · 1876
- Patterson v. GibsonSupreme Court of Georgia · 1888
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