Bombaugh v. Robinson
Bombaugh v. Robinson
Opinion of the Court
It is perhaps possible that an arrest of one defendant on a capias ad satisfaciendum, against two or more, would be satisfaction of the judgment, and that a second execution could not issue—about which we say nothing—but what is the condition of the recognizance of their special bail 1 It is that the defendants will pay the debt, or be surrendered in execution when called for; and it is consequently broken, when the bail, being called on in the proper way, omit to surrender them all. The capias ad satisfaciendum is necessary to ground the scire facias, but only to give notice to the bail, that their principals are demanded; and, the object being to fix the bail, it is never served. It has the four days in the sheriff’s office, and is returned 7wn est inventus, as a matter of course. But a plaintiff has, by the terms of such a recognizance, a right to demand all the defendants ; and if they are not all forthcoming, the bail are answerable
Judgment reversed, and a venire de novo awarded.
Reference
- Full Case Name
- Bombaugh against Robinson
- Status
- Published