Horton v. Hicks
Supreme Court of Georgia
Debt, from Crawford county. Tried before Judge Lamar, September Term, 1858. This was an action of debt on a prison bounds bond brought by Lewis F. Hicks, sheriff, for the use of Elijah Bond, against Henry H. Horton, principal in the bond, and W. W* Matthews and others, sureties.
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Debt, from Crawford county. Tried before Judge Lamar, September Term, 1858. This was an action of debt on a prison bounds bond brought by Lewis F. Hicks, sheriff, for the use of Elijah Bond, against Henry H. Horton, principal in the bond, and W. W* Matthews and others, sureties. The case was submitted upon the following agreed statement of facts: That Henry H. Horton was arrested by virtue of a ca. sa., at the suit of Elijah Bond, on the 34th March, 1856, and entered into bond with security, for his appearance to take the benefit of the honest debtor’s Act, at July Term, 1856, of the Inferior…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Are the securities on the unexpired bond liable for the escape of Horton from jail ?
The statute says to the debtor, give security that you will not go beyond the ten acres, and you shall not be confined within the four walls. He accepts the privilege and executes the requisite bond. He is seized by authority of law from another quarter and shut up in jail. Ought his bondsmen to be further responsible for his safe keeping ?
The liberty of the debtor is the consideration for (he bond, which fails as soon as he is committed to close confinement. To…
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