Rogers v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. James E. Cobb. The record shows that Henry Holifield, on preliminary investigation before a justice of the peace, under a charge of burglary, “ was ordered to be held to answer said offense, and the sheriff was ordered to take and approve bond, in the sum of $200, in all respects as provided and required by law ;” and that a bond was thereupon taken from him by the sheriff, with Lewis Holifield and J. M. Rogers as…
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Appeal from the Circuit Court of Coosa. Tried before the Hon. James E. Cobb. The record shows that Henry Holifield, on preliminary investigation before a justice of the peace, under a charge of burglary, “ was ordered to be held to answer said offense, and the sheriff was ordered to take and approve bond, in the sum of $200, in all respects as provided and required by law ;” and that a bond was thereupon taken from him by the sheriff, with Lewis Holifield and J. M. Rogers as sureties, which was dated and approved on the 23d December, 1884, and by which they promised to pay the State of…
1Opinion of the CourtSomeryille, J.
Tire facts averred in the pleas constitute a good defense to the action. These facts being established, there was no such failure to appear on the part of Holifield as to forfeit the undertaking of the sureties on his bail-bond, in the manner and at the time such forfeiture was taken. The practice on this subject was settled in the case of Goodwin v. The Governor, 1 Stew. & Port. 465, which was decided' as early as the year 1832, and has never been since overruled. It was there held, that when a party was recognized to appear at a particular term of the Circuit Court, to answer for an offense…
2Cases cited1 opinion
- Knott v. SargentMassachusetts Supreme Judicial Court · 1878
3Cited by7 opinions
- Livingston Bail Bonds v. StateSupreme Court of Alabama · 1982
- State v. KyleSupreme Court of Alabama · 1892
- Young v. StateSupreme Court of Alabama · 1901
- Livingston Bail Bonds v. StateCourt of Civil Appeals of Alabama · 1981
- State v. FullerSupreme Court of Alabama · 1900
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