State v. Potts

The record shows that one James Potts entered into a recognizance before a justice of the peace, with defendants as his sureties in the sum of one hundred dollars, for his appearance at the Circuit Court to answer to an indictment for petit-larceny. The grand jury found and returned into court a true bill against/him, but he failed to appear, and a forfeiture of his recognizance was taken. A scire facias was thereupon sued out, and the principal was not found; but the Sureties,- the appellants here, were served. They appeared and filed a demurrer to the record and proceedings, which was…