Buford v. Ganson

5 Blackf. 585, 1841 Ind. LEXIS 59

Opinion

THE surety in a bond For the;prison limits cannot surrender his principal, who had escaped', in discharge of the condition of the bond.

There were in this case- several issues on pleas in bar of the whole cause of action. One of the is'sues .being oti nul tiel record was for' the Court, the others were for a jury to try. Held, that the plaintiff could not have final judgment until the issüe on nul tiel record, as well as the others, had-been found in his favour. Barker v. M'Clure, 2 Blackf. 14.