Gilmore v. Lidden
Supreme Court of Georgia
Scire facias on bail bond. Decision by Judge Allen, in Lee Superior Court, March Term, 1857. Charles Lidden commenced his action of assumpsit against Silas Gladden, returnable to June Term of Lee Superior Court, 1854. The cause of action as set out in the declaration, was two promissory notes, one for $550.00, and the other for $>96.25, making $646.25, besides interest.
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Scire facias on bail bond. Decision by Judge Allen, in Lee Superior Court, March Term, 1857. Charles Lidden commenced his action of assumpsit against Silas Gladden, returnable to June Term of Lee Superior Court, 1854. The cause of action as set out in the declaration, was two promissory notes, one for $550.00, and the other for $>96.25, making $646.25, besides interest. Defendant was served with process, 3d of April, 1854. Pending the action, and before judgment, on the 16th of August, 1854, plaintiff made an affidavit for bail as provided by statute, in which he deposed that he had commenced…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] After judgment has gone against the principal, can the bail, when sought to be charged by scire facias with the debt, object that the bail is excessive; that the sum sworn to is double the amount claimed in the declaration?
Without having entire confidence in the point, we are inclined to think that the objection comes too late. Excessive bail oppresses the debtor; he may not be able to give it. Hence his right to except. But what is it to the bail ? He is under no compulsion to become bondsman. His undertaking is optional. No more than the…
2Cited by1 opinion
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