Collins v. Cook
Supreme Court of Connecticut
WRIT of error. Cook brought his action rof debt on a bail bond, given to him as deputy sheriff, the condition of which was, that whereas Osborn was arrested at the suit of John MlLean, to appear at the county court in Fairfield county, in November, 1807 ; if he appeared, See. the bond was to be void.
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WRIT of error. Cook brought his action rof debt on a bail bond, given to him as deputy sheriff, the condition of which was, that whereas Osborn was arrested at the suit of John MlLean, to appear at the county court in Fairfield county, in November, 1807 ; if he appeared, See. the bond was to be void. The original defendants, after reciting the condition, pleaded in bar, that judgment was rendered on the 19th of November, 1807, and that, on that day, execution issued, returnable in sixty days, which execution was delivered to John R. Landon, sheriff, to execute ; that Landon lived in…
1Opinion of the Court
By the Court.
The question in this case is, whether the sheriff was justified in returning thp execution to Fairfield, after having- held it more than forty days, so as to subject the bail on his bond. By the terms o(f the contract entered into by the bail, he became liable, if he did not deliver up Osborn in court, at the time of the judgment rendered against him. By the statute, however, the right of the bail to deliver his principal exists after the time of the judgment, until a return of non est inventus is made. Ydhen this is done, the bail becomes liable, unless ire can show that it was…
2Cited by7 opinions
- Beebe v. GardnerSupreme Court of Connecticut · 1835
- Edwards v. GunnSupreme Court of Connecticut · 1820
- Hall v. WhiteSupreme Court of Connecticut · 1858
- Strang v. BarberNew York Supreme Court · 1800
- Hill v. KlingOhio Supreme Court · 1829
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