Digest of the decisions of the courts of common law and admiralty in the United States Volume 1

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ...affidavit, he is to ascertain the penalty of the bond. Oxley v. Turner, 2 Virg. Cas. 334. 117. The want of a seal to a bail bond is fatal on a scire facias against the bail. Walker v. Lewis, 2 Hayw. 16. S. P. Peyton r. Mosely, 3 Monr. 80. See Harper, 226. And the seal must be attached before delivery; it is not sufficient to give leave to the officer to put on a seal. Smalley v. Vanorden, 2 South. 811. 118. It is error to take judgment against a per son who has not signed the bond, though his name is inserted in the body thereof. Goodc v. Gull, Gilmer, 152. 119. A bail bond taken to the plaintiff, instead of the sheriff, is void. Hundley v. Ewings, 4 Bibb, 505. But is good, though taken to the sheriff and his heirs. Rtilston v. Love, Hardin, 501. 120. Statutes respecting the number of sureties on a bail bond are merely directory to the sheriff; and a bond executed by a smaller number is valid. Johnson v. Williams, 2 Overt. 178..Irrenton V. Jordan, 4 Hawks, 98. Long v. Billings, 9 Mass. 482. Rice v. Hosmer, 12 Mass. 129. Lane V. Smith, 2 Pick. 284. 121. A bond is good, taken in double the sum sworn to in the affidavit, and indorsed on the writ. Ellis v. Robinson, 2 Pen. 707. 122. A bond cannot take effect unless it is DeLivered by the party himself, or by an attorney constituted by deed. Harrison V. Tiernans, 4 Rand. 177. 123. Though a bond, taken in a suit against A and others, recite that it is taken in a suit against A, it is sufficient. Ralston v. Love, Hardin, 501. 124. A suit on a bail bond may be brought against the administrator of the bail. Langley v. Knighton, 2 Rep. Con. Ct. 451. 125. Misnomer of the plaintiff, in the recital in the condition of the bond, will not render it void, if he be otherwise so described as to be known....