Sively v. State

Ireland, Associate Justice.

Lane was indicted for making threats to commit serious bodily harm upon one Hays. He entered into recognizance for his appearance, with Sively as surety.

The recognizance recites that the defendant “ stands charged with the crime of making threats.” The defendant made default. Judgment nisi was entered on the recognizance; the parties regularly cited to show cause and judgment final for the want of an answer.

Two days after final judgment the sureties appeared and moved the court to set the judgment aside and grant a new trial, which was refused, and appellant Sively…