Adams v. Governor
Supreme Court of Georgia
Scire Facias, to forfeit recognizance, in Columbia Superior Court. Tried before Judge Holt, at September Term, 1856. This was a scire facias issued at the instance and suit of the State, against James C. Adams principal, and William Adams security, upon a recognizance alleged to have been forfeited. The principal, James C. Adams, had been arrested under a warrant issued upon the oath of Robert Frank, for an assault and battery committed upon said Frank.
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Scire Facias, to forfeit recognizance, in Columbia Superior Court. Tried before Judge Holt, at September Term, 1856. This was a scire facias issued at the instance and suit of the State, against James C. Adams principal, and William Adams security, upon a recognizance alleged to have been forfeited. The principal, James C. Adams, had been arrested under a warrant issued upon the oath of Robert Frank, for an assault and battery committed upon said Frank. Upon being brought before the Justice of the Peace, he entered into recognizance with William Adams as his security, to appear at the next…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the Court right, in overruling the motion for a new trial ?
The second and third grounds of the motion, will be taken together.
[1.] It was not necessary to make the recognizance good, that the principal should have been arrested, that there should have been a “preliminary examination had, a convertion of the charge, and an order for bail.”
“ It is said that it is safe to state,” (in the mittimus) “ that the party has been charged on oath, but this is not necessary; *423for it has been resolved, that a commitment for treason or for suspicion of it,…
2Cited by4 opinions
- Wells v. TerrellSupreme Court of Georgia · 1904
- Jones v. GordonSupreme Court of Georgia · 1889
- Foote v. GordonSupreme Court of Georgia · 1891
- Colquitt v. BondSupreme Court of Georgia · 1882