Henderson v. Lynd
Supreme Court of Louisiana
The defendant had been bail, in the original action, during the pendericy of which, Browii, the defendant, obtained a stay of proceedings no discharge being granted by the creditors, the plaintiff proceeded to judgment againstthe principal, and there being no surrender, judgment was now prayed against the bail. The bail was discharged by the order of the judge granting a stay of proceedings.
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The defendant had been bail, in the original action, during the pendericy of which, Browii, the defendant, obtained a stay of proceedings no discharge being granted by the creditors, the plaintiff proceeded to judgment againstthe principal, and there being no surrender, judgment was now prayed against the bail. The bail was discharged by the order of the judge granting a stay of proceedings. The bail, after it, could not `take the principal to surrender him, without being guilty of a breach of the judge's order. It is not clear that, in this territory, the bail may take the principal in order…
1Opinion of the Court
By the Court.
The bail, in this country, as in England, are ex vi termini, the bailees, the keepers of the principal. Sir Wm. Blackstone, 3 Corn. 290, says, the security, given for the appearance of a party arrested, is called bail, be~ cause the defendant is given to him, and is sup. posed to continue in his custody, instead of going to jail.
FROM the relation in which the parties stand t~ each other, bailed and bailee; from the undertaking of the latter, results his right to keep, t~ take and surrender the former. Bail, in the lan~ guage of the books, 6 Mod. 261, have the princi~ pal always…
2Cited by1 opinion
- Ex parte LafontaSupreme Court of Louisiana · 1842