Hawley v Ludlow

JurisdictionEngland & Wales
Judgment Date01 January 1724
Date01 January 1724
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 308

IN THE COURT OF KINGS BENCH AT WESTMINSTER.

Hawley
and
Ludlow

hawley versus ludlow. Principal renders in discharge of the bail before day of appearance, and good. Debt upon a bail-bond ; the condition was, that the principal should appear at such a day, &c. The bail pleaded, that the principal rendered himself before in discharge, &c. and was discharged for want of prosecution. [8] Holt. A surrender before the day cannot discharge the bond, the condition being express to appear at such a day: and the condition here of this bond differs from the condition of a recognizance. COMBERBACH. 6. ANNO 1 JAC. II. IN B. B. 309 Darnel contra, that the law favours the bail. 3 Cro. 22. Ro. 335. 26 H. 7, f. 7. 3 Bulstr. 191. C. J. Such surrender shall discharge...

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