Commonwealth v. House
Court of Appeals of Kentucky
Case 25 — MOTION ON BAIL - BOND APPEAL FROM EDMONDSON CIRCUIT COURT. The response was sufficient. (Com. v. Terry, 2 Duv. 383; Kirby v. Com., 1 Bush, 114; Com. v. Webster, 1 Bush, 616.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The general rule is, that when one party to a contract has prevented the other from performing his part he can not recover for a breach thus caused by his own action. Consistently with this general principle this court held, in Alguire v. Commonwealth (3 B. Mon. 349) and in Kirby v. Commonwealth (1 Bush, 114), that when one is bound as bail for another, for that other’s appearance in a particular court at a particular time, and the Commonwealth, before the time stipulated for the appearance, arrests the principal and detains him at another place,…
2Cases cited2 opinions
- Alguire v. CommonwealthCourt of Appeals of Kentucky · 1843
- Commonwealth v. TerryCourt of Appeals of Kentucky · 1866
3Cited by4 opinions
- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1882
- State v. FunkNorth Dakota Supreme Court · 1910
- State v. HerberSupreme Court of Oklahoma · 1918