Townson v. Moore
Supreme Court of Alabama
Error to the Circuit court of Talladega. Scire facias on a bail bond — tried by A. Martin, 5. This was a proceeding by scire facias, in the usual form, against bail, in the Circuit court of Talladega. From the record, it appears that the defendant pleaded— 1. Nul tiel record: 2.That no sufficient affidavit had been made, to au-thorise the requisition of bail of the principal.
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Error to the Circuit court of Talladega. Scire facias on a bail bond — tried by A. Martin, 5. This was a proceeding by scire facias, in the usual form, against bail, in the Circuit court of Talladega. From the record, it appears that the defendant pleaded— 1. Nul tiel record: 2.That no sufficient affidavit had been made, to au-thorise the requisition of bail of the principal. The court refused, on motion of the plaintiff, to strike out the second plea, but determined there was no such record as the scire facias describes, that the affidavit to hold to bail was insufficient in law: and…
1Opinion of the Court
COLLIER, C.- J.
The objection to the second plea . must have been, that it amounted to the general issue of nul tiel record, and not, that it did not present good matter of defence; for if there was no sufficient affidavit, the requisition of bail was unauthorised, and the bail bond, of consequence, invalid. In principle, the case of Toulmin vs. Bennett & Laidlaw, (3 Stew. & Por. R. 220,) is directly in point.
But it is no objection with us, since special demurrers-have been dispensed with by statute, that a special plea *138amounts to the general issue — (Morgan vs. Rhodes, 1 Stew. R. 70; Dunham…
2Cited by3 opinions
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- Gordon v. McLeodSupreme Court of Alabama · 1852
- Lankford v. GreenSupreme Court of Alabama · 1878