50 So. 152 | Ala. | 1909
The judgment in this case having been rendered before the Code of 1907 went into effect, the appellant had one year, instead of six months, within which to take his appeal.—Poull & Co. v. Foy-Hays Construction Co., 159 Ala. 453, 48 South. 785. The motion to dismiss the appeal is overruled.
Under the common law the sureties upon a defendant’s bail had the unquestioned right to arrest him at pleasure and surrender him into the hands of the law, and this could be done without the issuance of process. —3 Am. & Eng. Ency.. Law, 708; Bearden v. State, 89 Ala. 21, 7 South. 755; State v. Crosby, 114 Ala. 11, 22 South. 110; Cain v. State, 55 Ala. 170; Hawk v. State, 84 Ala. 466, 4 South. 690. Section 6351, Code 1907,
The Alabama cases, supra, merely reiterate the common law as to the sureties’ right to arrest the principal, and did not attempt to construe the statute, in so far as it relates to the point involved in the case at bar, but dealt with the right of the sureties to a discharge and not in the way in which they could arrest the principal. True, there may be instances when it might be a hardship upon the bail to not permit an arrest of the principal without a certified copy of the under faking; but this can be avoided by the procurement of a copy when the bond is made.
The trial court did not err in giving the charges requested by the plaintiff.
The trial court permitted the capias and bond to be introduced in mitigation of damages, and this was the only purpose that they could serve.
There was no error in permitting Seales to testify that he was armed when he arrested the plaintiff. Whether he used the weapon or not, his having it was a circumstance to go to the jury in ascertaining the animus in making the arrest.
The judgment of the circuit court is affirmed.