A selection of cases on the law of contracts . d be exonerated inthe one case and not in the other, we must adhere to thedoctrine announced in the two cases in 2 Duvall and i Bush,supra, and overrule the case in 13 Bush, supra, so far as it isinconsistent with this opinion. CHAP. XIII.] laughters case. 1679 But there is another ground upon which the bail in this caseshould be exonerated. The object of a bail bond or recognizance is to secure theappearance of the defendant in the Court having jurisdiction,that he may answer the charge against him, and, if convicted,render himself in execution t
A selection of cases on the law of contracts . d be exonerated inthe one case and not in the other, we must adhere to thedoctrine announced in the two cases in 2 Duvall and i Bush,supra, and overrule the case in 13 Bush, supra, so far as it isinconsistent with this opinion. CHAP. XIII.] laughters case. 1679 But there is another ground upon which the bail in this caseshould be exonerated. The object of a bail bond or recognizance is to secure theappearance of the defendant in the Court having jurisdiction,that he may answer the charge against him, and, if convicted,render himself in execution thereof. Manifestly, the defendant in this case could not have beentried and convicted, even if present, in the Christian CircuitCourt, after having been tried and convicted of the sameoffence in the United States Circuit Court. For, though triedby the United States Court, still it was the same offence forwhich he was held to answer in the State Court, denouncedalike by the laws of the United States and of this State. The judgment is LAUGHTERS CASE. In the Kings Bench, Trinity Term, 1595 {Reported in 5 Reports 22.] ,^\defendant demanded oyer of the bond and condition; and it ^^ _^appeared by the bond, that Richard Ramsford was also bound 1 ^ v^in the said bond with the defendant jointfy and severally ; and \j/^the condition warfnlffect ^tTiatTTthe within bounderTRichard \Ramsford after lawful marriage had between him and JaneGilman, wife of Henry Oilman, deceased, and together withthe said Jane, do and shall lawfully sell and alien in fee simple,or fee tail, all the great messuage with the little tenenn:nithereunto adjoining, of the said Jane, situate in London, nowin the occupation of William Fitzw., Esquire, if then the saidRichard Ramsford do or shall either in his lifetime purchaseto the said Jane, and her heirs and assigns, l
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