Vipond v. Hurlburt
Illinois Supreme Court
February 16th, 1858, a justice of the peace issued a capias ad respondendum against Henry Nash and Henry B. Roberts, which was returned same day, indorsed: “ I, Ashbil Hurlburt, acknowledge myself special bail for the appearance of the within named Henry B. Roberts. ASHBIL HURLBURT.” “I have arrested the above Henry B. Roberts, and taken special bail as above. G. W. CAMPBELL, Constable.”
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February 16th, 1858, a justice of the peace issued a capias ad respondendum against Henry Nash and Henry B. Roberts, which was returned same day, indorsed: “ I, Ashbil Hurlburt, acknowledge myself special bail for the appearance of the within named Henry B. Roberts. ASHBIL HURLBURT.” “I have arrested the above Henry B. Roberts, and taken special bail as above. G. W. CAMPBELL, Constable.” On the return day Roberts appeared, waived process, and confessed judgment for $289.64. September 10th, 1858, said justice issued a summons against Hurlburt, as special bail, in form as provided by the…
1Opinion of the CourtBreese, J.
It will be seen by looking at the endorsement of bail on the capias ad respondendum issued by Vipond against Nash and Roberts, that it is for the appearance only of Roberts to the action—nothing more, and does not conform to the statute. The statute contemplates something more, and when the endorsement is made in conformity to it, it is to have the force and effect of a recpgnizanee of bail, the condition of which is, that the defendant, if judgment shall be given against him, will pay the same with costs or surrender his body in execution ; and in default of such payment or surrender, the…
2Cited by1 opinion
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