Cowen v. State

A scire facias, in order to sustain a judgment final by default, should show the nature and character of the undertaking upon which the judgment nisi was taken ; and the undertaking, whether recognizance or bond, should be substantially set forth, to enable the parties to know the foundation of the proceedings against them, and to enable the court to know upon what grounds the judgment is asked. It ought to follow the judgment nisi. In a word, it should state enough to answer the purposes of a petition and a writ of citation also. Boone v. Roberts, 1 Texas, 152; Harrison v. The State, 3…