Yale v. Wheelock

Upon a bail bond entered into by “ J. W.,” who had been arrested on mesne process, “as principal, and A. W., wife of said J. W., and G. D., as sureties,” the wife is not liable, but the other surety is.

Scire facias against Abigail A. Wheelock and George A. Doane, upon a bail bond dated November 4, 1869, which purported to be entered into by “ Joseph B. Wheelock,” who had been arrested on mesne process at the suit of the plaintiff, “ as principal, and Abigail A. Wheelock, wife of said Joseph B. Wheelock, and George A. Doane, as sureties,” The defendants executed the bond, and Abigail A1 Wheelock was wife of the principal, and at the time of executing the bond was possessed of separate property. Upon these facts, which were agreed, the case was submitted to the judgment of the superior court, and, on appeal, of this court. If Abigail A. Wheelock was liable, she was to be defaulted, otherwise the plaintiff was to discontinue against her but if oral evidence was admissible of her intention to charge her separate estate oy the execution of the bond, the agreed facts were to be discharged, and the case to stand for trial. Doane was to be defaulted, unless upon the agreed facts he ought to be discharged.