Ringeman v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Heard, before the Hon. Osceola Kyle. Joseph Bingeman entered into a recognizance tvith B. CraAvford and John I). Wyker to appear at the fall term 1901 of the Circuit Court of Morgan County, to answer an indictment therein pending against him for embezzlement.
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Appeal from the Circuit Court of Morgan. Heard, before the Hon. Osceola Kyle. Joseph Bingeman entered into a recognizance tvith B. CraAvford and John I). Wyker to appear at the fall term 1901 of the Circuit Court of Morgan County, to answer an indictment therein pending against him for embezzlement. Failing to appear a judgment nisi vas rendered on the recognizance against him and his sureties and a scire facias to show cause why the judgment should not be made final, returnable to the next term, • muís awarded against him and his sureties. The scire facias was returned not found as to…
1Opinion of the CourtMeCLELLAN, C. J.
It is settled law in this State as well as many other jurisdictions that sureties on a bail bond can only be discharged from liability by the appearance of their principal according to the condition of the recognizance or by some intervening act of God, or of the law of the State, or of the obligee which renders the performance of that condition impossible. — Cain et al. v. State, 55 Ala. 170; State Crosby, 114 Ala. 11; 2 Am. & Eng. Ency. Law, 717; Tylor v. Taintor, Treasurer, 16 Wall. (U. S.) 366; Piercy et al v. The People, 10 Bradwell (Ill. App.), 219; Devine v. State, 5 Sneed (Tenn.), 623.
2Cases cited2 opinions
- Cain v. StateSupreme Court of Alabama · 1876
- State v. CrosbySupreme Court of Alabama · 1896
3Cited by5 opinions
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- Detroit Fidelity & Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Carson v. StateAlabama Court of Appeals · 1912
- Ferguson v. BainsSupreme Court of Alabama · 1962