State v. Crosby
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Pión. N. D. Denson. At the May term, 1896, of the Circuit Court of Chilton county, upon the case of the State v. German Crosby being called, the defendant did not appear and made default, and a judgment nisi was rendered against him and his bondsmen. Notice of this judgment was issued and duly served upon the bondsmen.
Read the full summary
Appeal from the Circuit Court of Chilton. Tried before the Pión. N. D. Denson. At the May term, 1896, of the Circuit Court of Chilton county, upon the case of the State v. German Crosby being called, the defendant did not appear and made default, and a judgment nisi was rendered against him and his bondsmen. Notice of this judgment was issued and duly served upon the bondsmen. At the Fall Term, 1896, of the said circuit court, the State by its attorney, moved the court that the judgment 'nisi theretofore entered in said cause be made final and absolute against the bondsmen who were served…
1Opinion of the Court
HARALSON, J. —
The sureties, when the obligation-of bail is assumed, become in'law the jailers of their principal. — Cain v. The State, 55 Ala. 170; Bearden v. The State, 89 Ala. 21; 3 Am. & Eng. Encyc. of Law, (2d ed.), 653. “The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant, on the first day of the court, from day to day of such term, and from day to day of each term thereafter, until he is discharged by law.” — Code of 1886, § 4427 ; and, “Bail may at any time before they are finally discharged, exonerate themselves by surrendering…
2Cases cited6 opinions
- Cain v. StateSupreme Court of Alabama · 1876
- Bearden v. StateSupreme Court of Alabama · 1889
- Wheeler v. StateTexas Supreme Court · 1873
- Ingram v. StateSupreme Court of Alabama · 1855
- Sample v. Administrator of RossOhio Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. MeyersCalifornia Supreme Court · 1932
- State v. BroomOregon Supreme Court · 1927
- County of Los Angeles v. MagaCalifornia Court of Appeal · 1929
- City of Albertville, Alabama v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- State v. United Bonding Insurance CompanyNew Mexico Supreme Court · 1970
10 more not listed; retrieve them via the Exa API.