State v. Scott
Supreme Court of Iowa
Appeal from Deco,tar District Gourt. Action on bail' bond : what will discharge surety. — One William A. Cates was, in 1861, held to answer by a justice of the peace of Decatur county, on a charge of grand larceny.
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Appeal from Deco,tar District Gourt. Action on bail' bond : what will discharge surety. — One William A. Cates was, in 1861, held to answer by a justice of the peace of Decatur county, on a charge of grand larceny. The defendant, Scott, became bis bail by executing and acknowledging, on the 24th day of . May, 1861, an undertaking in this wise: “I, Allen “ Scott, of, &c., hereby undertake that the said William A. “ Cates shall appear at the District Court of Decatur county* “ and State of Iowa, at tlie next term thereof, and answer “ said charge of grand larceny, and abide the orders and…
1Opinion of the CourtDillon, J.
i. bail -,d?Fen?e'. I. Favorably disposed toward the defendant’s case, we yet see no way in which, consistently with rules of law, we can reverse the judgment against him. Cates never appeared in court to answer the charge, and the defendant’s undertaking was duly for- ’ *66feited under the statute. Rev., § 4990. As early as the April Term, 1862, defendant’s liability thus became fixed, unless he can show some legal matter in discharge of it. Cates was not drafted or forced against his will into the service, but voluntarily entered it after the date of the bond. Whether he entered before or…
2Cases cited1 opinion
- Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
3Cited by10 opinions
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- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- State v. BenedictSupreme Court of Iowa · 1944
- State v. MerrihewSupreme Court of Iowa · 1877
- State Ex Rel. Buckley v. DrakeSupreme Court of Oklahoma · 1914
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