1 N.H. 172 | Superior Court of New Hampshire | 1818
The opinion of the court was delivered by
The question to be decided is, whether the death of the principal after a return of non est inventus upon the execution, exonerates the bail. Our statute relative to bail
The statute, however, provides, “ that if the surety or “ sureties shall at any time before final judgment rendered “against such surety or sureties, bring the principal into “ court, and move the court to be discharged from such suit, “ the court shall order the said surety to. be discharged, such “ surety paying down in money to the creditor the costs that “have already accrued in such suit against the surety.”
Provision is also made by the statute that the bail shall be discharged, upon bringing the principal into court at any time before final judgment against the principal.
The amount of the stipulation of bail in this state is the same as in England, that the principal shall pay the debt, or surrender his body to be taken 4n execution, or that the bail shall pay the debt. If the debt be paid, or the princi-' pal surrendered before final judgment against him, or indeed at any time before execution returned, the stipulation is per
Judgment for the plaintiff.
0 stat. of Feb.
caughiei s case, (!) 5 Co, 21,
2 Mass. Rep. 481, Chamion vs. Noyes.