Hall v. Kerr
Hall v. Kerr
Opinion of the Court
The undertaking of the bail is that the amount of "the judgment may be made of him, if the debtor fails to pay when the time expires, to which the execution is stayed; 29 O. L. 191, 2. “The law provides for the rendition of judgment against the bail for what is due, at the return of the scire facias against him, unless he ■shoio good cause to the contrary, 29 O. L. 192. The real question before us is, whether the death of the judgment debtor and the pos-session of assets by his administrators, is such good cause. The money is not realized by the creditor, the time has expired, and the bail stipulated on that condition to pay the debt. Good cause, in ■our opinion, is a compliance with the condition of the recognizance,
The judgment is affirmed, with costs.
Reference
- Full Case Name
- HALL v. KERR
- Status
- Published