Winninger v. State
Cases that cite this one
1 later published case cites this decision.
- United States v. Van Fossen (U.S. Circuit Court for the District of Kansas 1871)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
To a complaint upon a forfeited recognizance taken in a criminal case, alleging for breach the failure of the principal to appear according to the terms of the condition, an answer was filed by the surety, alleging that, after the recognizance was forfeited, and before the commencement of the suit, the principal enlisted as a volunteer in the army; wherefore the surety could not surrender him.
This is no defense. Eor aught that appears, the principal enlisted by the surety’s advice; nor do we know that the military authorities would not at any time surrender him to the surety on application.
The judgment is affirmed, with two per cent, damages and costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.