Mahurin v. Brackett
Superior Court of New Hampshire
This was a scire facias sued out on the 25th January, 1828, against the defendant, as bail of James Batehelder, junior, and returnable to the court of common pleas here, March term, 1828. At the July term of the common pleas, 1828, judgment was rendered in favor of the defendant, from which judgment the plaintiff appealed to thig court. The cause was submitted to the decision of the court upon the following facts.
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This was a scire facias sued out on the 25th January, 1828, against the defendant, as bail of James Batehelder, junior, and returnable to the court of common pleas here, March term, 1828. At the July term of the common pleas, 1828, judgment was rendered in favor of the defendant, from which judgment the plaintiff appealed to thig court. The cause was submitted to the decision of the court upon the following facts. The defendant became bail for Batehelder, in a suit brought against him by Mahurin in which judgment was rendered in favor of Mahurin, in the court of common pleas, March term,…
1Opinion of the Court
The opinion of the court was delivered by
RichardsoN, C. J.
One of the questions in this case, is, whether the bail is discharged by the defect, which was originally in the officer’s return upon the execution against the principal ? The return has been amended in the court below, and the defect cured, so that the return is now in due form. But still the question is raised, whether the bail is not discharged, notwithstanding the amendment ? It is unnecessary to enquire, what would have been the effect of the amendment, had it been improperly permitted in the court of common pleas ; because we…
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