Cain v. State
Supreme Court of Alabama
AppeaI from tbe Circuit Court of Tusbaloosa. Tried before tbe Hon. Wm. S. Mudd. Tbe sureties are excused for tbe non-performance of tbe condition of tbeir bond, when performance was prevented by “tbe act of tbe law.”— Bacon’s Abr., tit. Condition, 2; 8 Cowen, N. Y. 298-9. That an arrest and imprisonment for another offense is tbe act of tbe law, see People v. Bartlett, 3 Hill, N. Y. 570; Belcling v. The State, 25 Ark. 315; S. C., 4 Amer.
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AppeaI from tbe Circuit Court of Tusbaloosa. Tried before tbe Hon. Wm. S. Mudd. Tbe sureties are excused for tbe non-performance of tbe condition of tbeir bond, when performance was prevented by “tbe act of tbe law.”— Bacon’s Abr., tit. Condition, 2; 8 Cowen, N. Y. 298-9. That an arrest and imprisonment for another offense is tbe act of tbe law, see People v. Bartlett, 3 Hill, N. Y. 570; Belcling v. The State, 25 Ark. 315; S. C., 4 Amer. Rep. 27. Tbe case of Ingram v. The State, 27 Ala. 17, sustains the same principle, though it bolds that tbe sureties are not discharged, where tbe subsequent…
1Opinion of the Court
BRICKELL, C. J. —
George M. Simpson entered into recognizance, with the appellants as his sureties, to appear at the Fall term, 1875, of the Circuit Court of Tuskaloosa, to answer an indictment, therein pending against him, for an assault with intent to murder. Failing to appear, a judgment nisi was rendered on the recognizance, against him and his sureties, and a scire facias to show cause why the judgment should not be made final, returnable to the nest term, was awarded against him and his sureties. The scire facias haying been returned not found as to him, but executed on the appellants,…
2Cases cited2 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Taintor v. TaylorSupreme Court of Connecticut · 1869
3Cited by18 opinions
- State v. WynneSupreme Court of Missouri · 1947
- State v. Schenck.Supreme Court of North Carolina · 1905
- State v. CrosbySupreme Court of Alabama · 1896
- Ex parte WilliamsSupreme Court of Alabama · 1896
- State v. DouglasWest Virginia Supreme Court · 1922
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