Walker v. State

Decided January 15, 1844

Supreme Court of Alabama · decided 1844-01-15

<p>1. W. enters into a recognizance with H. and as his surety, for his appearance at the next term of a Circuit court, to he held on the 4th Monday of March. Subsequently, the time of holding the court is changed to the first Monday in March, when the recognizance is estreated. Held, that the legal effect of the recognizance is to appear at the next court, and that it is not avoided by the change in the time of holding the court.</p>

Decided 1844-01-15

GOLDTHWAITE, J.

¶1The legal affect of this recognizance is, that the party undertakes to render himself at the next term of the court. It cannot be tolerated that the public convenience shall be made to depend on stipulations of bail, nor public justice defeated upon the idea that the time of appearance is considered as essential in engagements of this description. We consider the recognizance as equally binding, whether the court is held on the day named, or its time of session is changed by competent authority, to any other day.

¶2Judgment affirmed.