Reed v. Maynard
Reed v. Maynard
Opinion of the Court
The provisions under which bail may exonera+e tri't-mselves from further responsibility by surrendering their principal are contained in Gen. Sts. c. 125, §§ 15-19. All these pro. visions were complied with by the defendants, unless the notice in writing to the plaintiff or his attorney “ of the time when and the place where the prisoner was so committed” was invalid
In the view we take of this notice, it is not necessary to consider whether the provisions of § 18 requiring it are conditions to the validity of the surrender, or only directory. The case of Jones v. Varney, 8 Cush. 137, goes far to show that they are only directory.
The bail, having exonerated themselves by a surrender of the principal in accordance with the provisions of the statute, could not be affected by anything that afterwards occurred upon the application of the principal for the benefit of the oath; and the judge rightly rejected evidence of those proceedings.
Exceptions overruled.
Reference
- Full Case Name
- Samuel G. Reed v. Lambert Maynard & another
- Cited By
- 1 case
- Status
- Published