Dunbar v. Owens

The petition charges that the plaintiff brought suit, and obtained judgment against one W. C. Harrison; that being arrested on a cepias ad satisfaciendum, his said debtor gave the defendants as sureties to keep the prison bounds; that he violated his engagement, by departing from the assigned limits of the prison; and that thereby the defendants have become responsible to the plaintiff, on their bond. The defendants admit their signatures, but aver that they cannot lawfully be made liable on the instrument sued on. There was no dispute below about the facts alleged, but the judge being of…