Armstrong v. Davis

1 N.J.L. 130

• Court: Supreme Court of New Jersey
• Decided: November 15, 1791
• Status: Published

Opinion

Per Our.

The rule must be made absolute. We know of no other rules of proceeding respecting the liability of bail, than those which regulate it in the courts of Westminster. Without these, we are without any. I look upon the practice in this case to depend upon rules of court, and these rules on reason and justice. On the return of a ca. sa. non est inventus, the bail is bound. The extension of the time upon the sci. fa., I take to be founded on rules of practice.

The proceedings were stayed, and the bail exonerated.

Cited in Boggs v. Chichester, 1 Gr. 211; Kinny v. Muloch, 2 Harr. 335 ; Van Winkle v. Alling, 2 Harr. 448.