Allen v. White

1 Minor 289

Opinion

Judge 'Ellis

déliveréd the opinion of the Court.

By láw the bail is entitled to discharge himself by surrendering his principal to the Court or to the Sheriff, and is liable, on the bond only in case ' of failure of the principal to appear as required by the condition. For aught that appears, the principal may have appeared at the time required by the. condition, and the bond have been literally complied with.

The judgment must bé reversed.

Judge Saffold not sitting.