1 Minor 289
Decided December 15, 1824
Supreme Court of Alabama · decided 1824-12-15
THIS was a scire facias at the suit of David White against Wm. B. Allen as the appearance bail for Thomas K. Roberts, The writ of capias and bail bond were dated 1st day of October, 1821, the writ returnable to the Circuit Court of Dallas County on the fourth Monday in February next. The bail bond conditioned for the appearance of Roberts at the next term of the Court above mentioned, on the second Monday in February.
Decided 1824-12-15
¶1déliveréd the opinion of the Court.
¶2By 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.
¶3The judgment must bé reversed.