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Meysey against Carnell

Nominate Series English Reports Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date11 February 1794
Date11 February 1794
CourtCourt of the King's Bench

English Reports Citation: 101 E.R. 300

IN THE COURT OF KING'S BENCH.

Meysey against Carnell

meysey against carnell. Tuesday, Feb. llth, 1794. Proceedings may be stayed on the bail bond, on payment of costs, though the bail surrender the principal without having justified. [2 N. E. 85.J Eussell shewed cause against a rule for staying proceedings on the bail bond, on payment of costs. The bail were put in the 22d November last; exception was made on the 23d ; and the bail were not justified. The plaintiff took an assignment of the bail bond on the 7th January, and on the 21st of the same month, the bail not having justified, surrendered the principal. Under these circumstances he contended that the plaintiff had a right to proceed upon the bail bond; for though the bail may surrender their principal without having justified, yet it was decided in Harrison v. Davis (a)2 that no-[535]-thing could be a performance of the condition of the bail bond but putting in bail; and it is settled that bail, not justified in time, are considered as no bail. In the above case the rule for staying the proceedings...

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1 cases
  • Webb against Brown
    • United Kingdom
    • Court of the King's Bench
    • 11 February 1794
    ...E.R. 300" class="content__heading content__heading--depth1"> English Reports Citation: 101 E.R. 300 IN THE COURT OF KING'S BENCH.Webb against Brown 300 MEYSEY V. CARNELL 5T.E.S54: maintained, inasmuch as the deed having been executed in India could not be considered as an act of bankruptcy ......

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