Legal Opinion

Miller v. State

Supreme Court of Alabama

Decided January 14, 1909PublishedCited by 15 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Proceedings by the state by scire facias against Miller and others as bail on an alleged forfeited bail bond. Judgment for the state and defendants appeal.

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Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Proceedings by the state by scire facias against Miller and others as bail on an alleged forfeited bail bond. Judgment for the state and defendants appeal. Under the facts in this case which are undisputed the bondsmen were not responsible for the appearance of the defendant at a subsequent trial. — Hawk v. The State, 84 Ala. 466; Cook, et al. v. The Statefv 91 Ala. 53; Williams v. The State, 114 Ala. 29. The facts of the case do not bring it within the influence of Williams v. The State, 114 Ala. 29. The statute does not require…

1Opinion of the CourtDenson, J.

This is a proceeding by scire facias against bail on a forfeited recognizance. The defendants, in answer to the scire facias, showed that their principal, at the term of the court previous to the one at which the judgment nisi was entered, was tried and convicted of the offense against which, for his enlargement, the bond was given. The principal was present in court when the verdict of guilty was returned and the judgment of conviction thereupon was entered, and at that time he was taken into custody by the sheriff and placed in jail under said conviction. At a subsequent day during that…

2Cases cited6 opinions

  1. Ex parte WilliamsSupreme Court of Alabama · 1896
  2. Hawk v. StateSupreme Court of Alabama · 1887
  3. State v. MurmannSupreme Court of Missouri · 1894
  4. Cook v. StateSupreme Court of Alabama · 1890
  5. Ex parte ChandlerSupreme Court of Alabama · 1896

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3Cited by15 opinions

  1. Commonwealth v. THE STUYVESANT INSURANCE CO.Massachusetts Supreme Judicial Court · 1975
  2. Suit v. StateSupreme Court of Arkansas · 1947
  3. Detroit Fidelity & Surety Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1930
  4. State Ex Rel. Vigg, Co. Atty. v. RomaineSupreme Court of Oklahoma · 1915
  5. General Casualty Co. v. Justice's CourtCalifornia Court of Appeal · 1940

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