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33 Me. 258

Cates v. Noble

Supreme Judicial Court of Maine

Decided July 1, 1851

Supreme Judicial Court of Maine · decided 1851-07-01

Exceptions from the District Court, Rice, J. Assumpsit against two persons upon a note, on which was due $130. The plaintiff made affidavit of his belief that they were about to. depart and reside beyond the State, and to take with them property, &c. One of them was arrested and gave bond for his enlargement, as provided by R. S. chap. 148, sect. 17. The bond was in the penal sum of $200. One Fowler was a surety.

Decided 1851-07-01

Per Curiam.

¶1— It is objected that the plaintiff’s affidavit may refer to property owned wholly by one of the defendants. But such is not its obvious meaning, and we think the affidavit sufficient.

¶2The witness was called to defeat the suit. If he could do so, this bond would be harmless. He was, therefore, interested in the event of the suit. This is the reason which has often excluded bail, when offered as witnesses for their principals.

¶3It is further urged that the bond was inoperative, because not taken in double the sum for which the defendant was arrested. But, if not as a statute, yet as a common law bond, it has validity.

¶4Exceptions overruled.

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