State v. Smith
Supreme Judicial Court of Maine
©cire facias upon a recognizance entered into before a Justice of the peace. The writ recited that the defendant acknowledged himself indebted in a certain sum, to be levied to the use of the Commonwealth of Massachusetts, if one T. P. should fail personally to appear at the next Circuit Court of Common Pleas to answer to the complaint of one J. A. against him for assault and battery ; and alleged that T. P. did not appear at said Court “ but made default as appears of…
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©cire facias upon a recognizance entered into before a Justice of the peace. The writ recited that the defendant acknowledged himself indebted in a certain sum, to be levied to the use of the Commonwealth of Massachusetts, if one T. P. should fail personally to appear at the next Circuit Court of Common Pleas to answer to the complaint of one J. A. against him for assault and battery ; and alleged that T. P. did not appear at said Court “ but made default as appears of record.” To which, the defendant demurred. objected that it did not appear from the recognizance that the Justice had…
1Opinion of the Court
Mellen C- J.
delivered the opinion of the Court as follows*
It is settled law that a recognizance should state the ground on which it is taken, so that it may appear that the magistrate taking it had jurisdiction and authority to demand and receive it. 4 Mass. 641. 7 Mass. 209. 9 Mass. 520. These cases shew that the Court issuing the scire facias must be in possession of the record of the recognizance. In all cases such scire, facias must contain an av-erment of those facts which shew the recognizance to have been legally taken and returned to the Court where the party recognizing is bound to…
2Cases cited1 opinion
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
3Cited by4 opinions
- United States v. EvansUnited States Circuit Court · 1880
- Belt v. SpauldingOregon Supreme Court · 1888
- State v. LamoineSupreme Court of Vermont · 1881
- Rand v. United StatesDistrict Court, D. Maine · 1888