Colburn v. Downes
Massachusetts Supreme Judicial Court
This was a scire facias to have execution against the defendant as bail for one Thomas Burton. The plaintiffs allege that they, James S. Colburn and William Gill, commenced their action against Burton, and that the defendant, Downes, with one John T. Downes, since deceased, was bail and surety for said Burton, not only foi his appearance to answer the plaintiffs, by the names of John S Colburn and George W. Gill, upon the process aforesaid, but also for his abiding the…
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This was a scire facias to have execution against the defendant as bail for one Thomas Burton. The plaintiffs allege that they, James S. Colburn and William Gill, commenced their action against Burton, and that the defendant, Downes, with one John T. Downes, since deceased, was bail and surety for said Burton, not only foi his appearance to answer the plaintiffs, by the names of John S Colburn and George W. Gill, upon the process aforesaid, but also for his abiding the judgment, &c. * The defendant pleaded that he never became bail, and tendered.an issue to the country ; and the same, being…
1Per curiam
The bond is unquestionably sufficient to hold the defendant. Notwithstanding the extreme carelessness of the sheriff, or his clerk, the bond contains a sufficient description of the plaintiffs. Let the execution issue, as prayed for. (a)
ADDITIONAL NOTE.
[A bail bond with blank condition is void. — Perny vs. Dobbins, 2 Bai. 343. — Acc. Holding vs. Raphael, 5 Nev. M. 655.
See Bay vs. Hall, 7 Holst. 204. — Handley vs. Ewins, 4 Bibb, 505.— Saunders vs. Hughes, 2 Bai. 504.— Grottick vs. Phillips, 9 Bing. 721. — F. H.]
[ Willis vs. Barrett, 2 Stark, c. 29. — Moller vs. Lambert, 2 Camp. 548. — Craig…
2Cited by9 opinions
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- Coomes v. BurtMassachusetts Supreme Judicial Court · 1840
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