State v. Brown
Supreme Judicial Court of Maine
On Demurrer from Nisi Prius, Appleton, J., presiding. This was Scire Facias on a recognizance. The defendant moved to quash the writ, on the grounds stated in the opinion of the Court. The motion was overruled, reserving the legal rights of the defendant. Thereupon a demurrer was filed, and a joinder on demurrer.
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On Demurrer from Nisi Prius, Appleton, J., presiding. This was Scire Facias on a recognizance. The defendant moved to quash the writ, on the grounds stated in the opinion of the Court. The motion was overruled, reserving the legal rights of the defendant. Thereupon a demurrer was filed, and a joinder on demurrer. If the motion and demurrer be overruled, the cause is to stand for trial. 1. The R. S., c. 171, § 30, provides that processes of this kind shall not abate, if among other things, it appear “ that from the description of the offence charged, the magistrate was authorized to require…
1Opinion of the CourtTenney, C. J.
This is a writ of scire facias, brought before a term of the Court held for the transaction of criminal business, setting out that the defendant appeared before the Justices of our Supreme Judicial Court, holden at Bangor, in and for the said county of Penobscot, on the first Tuesday of June, A. D. 1854, and acknowledged himself to be indebted to the State in the sum of two hundred dollars, to be levied on his goods and chattels, lands or tenements, and in want thereof, upon his body, to the use of the State, if the defendant did not personally appear before said Court from day to day, during…
2Cited by2 opinions
- Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1938
- Durein v. StateSupreme Court of Kansas · 1888