State v. Spear
Supreme Court of Vermont
Heard on motion to discharge the bail, December Term, 1881, Powers, J. presiding. The motion was overruled. The respondent was indicted for larceny. The case appears in the opinion. If the principal had been present and the indictment had been permitted to lie dormant, as was done in his absence, he would have been discharged beyond question. Baylies on Sureties & Guar., 284; Townsend v. The People, 14 Mich. 388. And a discharge of the principal is a discharge of the surety.
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Heard on motion to discharge the bail, December Term, 1881, Powers, J. presiding. The motion was overruled. The respondent was indicted for larceny. The case appears in the opinion. If the principal had been present and the indictment had been permitted to lie dormant, as was done in his absence, he would have been discharged beyond question. Baylies on Sureties & Guar., 284; Townsend v. The People, 14 Mich. 388. And a discharge of the principal is a discharge of the surety. The surety, in the absence of the principal, is entitled to the same rights to which the principal is entitled if…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The indictment found against Spear, the principal, was properly presented in open court, at the June term, but was not entered upon . the docket until the succeeding term, when Densmore, the bail, entered and moved that he be discharged, and urged as a reason, the fact, that the case was not docketed at the June term ; and insisted that this was an irregularity, the effect of which was to discharge him as bail.
The theory of the law is that a man’s bail are gaolers of his own choosing, and he is as much under the power of the court as if he was…
2Cases cited1 opinion
- Townsend v. PeopleMichigan Supreme Court · 1866
3Cited by1 opinion
- People v. RobbMichigan Supreme Court · 1894