Niles v. Field
Massachusetts Supreme Judicial Court
Scire Facias against bail. The parties submitted the case to ‘he court upon these facts : The plaintiff recovered a judgment, at the January term, 1839, of the court of common pleas, against one Cochran, upon which an execution was issued on the 26th of February, 1839, returnable into said court on the first Tuesday of April following.
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Scire Facias against bail. The parties submitted the case to ‘he court upon these facts : The plaintiff recovered a judgment, at the January term, 1839, of the court of common pleas, against one Cochran, upon which an execution was issued on the 26th of February, 1839, returnable into said court on the first Tuesday of April following. The execution was delivered, on the day of its date, to a deputy sheriff in this county, where said Cochran resided at the time of the service of the original writ; and said deputy was ordered immediately to arrest said Cochran on said execution. On the 27th of…
1Opinion of the CourtShaw, C. J.
The single question in this case is, whether bail can be charged, as for an avoidance of their principal, by a return of non est inventus, before the return day of the execution. We think they cannot. If this suit could be maintained, it would tend to alter and enlarge the responsibility of the bail. If the principal dies before the return of the execution, the bai'. are discharged; the surrender of the body becomes impossible, and the obligation is saved. But it must be a return regularly made at the time directed by the execution ; the regular return day. Applying this principle to the…
2Cases cited1 opinion
- Runlet v. WarrenMassachusetts Supreme Judicial Court · 1811