Legal Definitions - bail common

Definition: Bail common refers to a type of fictitious surety filed by a defendant in a minor civil action. It is also known as common bail or straw bail.

Examples: In the past, defendants in minor civil cases would offer John Doe and Richard Roe as their bail common. This was done when the damage expressed in the case was of a trifling amount or when the defendant voluntarily appeared to the process. The bail common was a fictitious surety and did not involve any actual payment of money.

Explanation: Bail common was a way for defendants in minor civil cases to avoid paying actual bail. It was a fictitious surety that did not involve any actual payment of money. The use of John Doe and Richard Roe as bail common was common practice in the past. This type of bail was only used in cases where the damage expressed in the case was of a trifling amount or when the defendant voluntarily appeared to the process.