Graves v. People
Illinois Supreme Court
The recognizance sets out that William H. Graves, of the county of Du Page, and Jesse Graves and David Root, personally appeared before two justices of the peace of the county of Kane, and entered into a recognizance, conditioned that the said William H. Graves should appear at the next term of the Kane Circuit Court, &c. The recognizance is signed W. H. Graves.
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The recognizance sets out that William H. Graves, of the county of Du Page, and Jesse Graves and David Root, personally appeared before two justices of the peace of the county of Kane, and entered into a recognizance, conditioned that the said William H. Graves should appear at the next term of the Kane Circuit Court, &c. The recognizance is signed W. H. Graves. An indictment for larceny was found against Harrison Graves, at the December special term, 1848, of the Kane Circuit Court. At the same term of the Court, a default was entered against Harrison Graves and the others. The scire facias…
1Opinion of the Court
Opinion by Treat, C. J.:
There is a fatal objection to the scire facias. The recognizance was conditioned for the appearance of William H. Graves. An indictment was presented against Harrison Graves, and a forfeiture of the recognizance entered for his non-appearance. This does not show any breach of the obligation. If the facts of the case warranted it, there should have been an averment in the scire facias that Harrison Graves was the same person who entered into the recognizance by the name of William H. Graves. As the scire facias shows no cause of action, the judgment must be reversed;…
2Cited by6 opinions
- O'Brien v. PeopleIllinois Supreme Court · 1866
- Gay v. StateSupreme Court of Kansas · 1871
- Stokes v. PeopleIllinois Supreme Court · 1872
- Wood v. PeopleIllinois Supreme Court · 1854
- Cassaday v. StateCourt of Appeals of Texas · 1878
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