Bacon v. People
Illinois Supreme Court
This was a proceeding by scire facias, upon recognizance alleged to have been forfeited. The defects in the proceedings are stated in the opinion of the court. The cause was heard before Leland, Judge, at March term, 1853, of the Bureau Circuit Court.
1Opinion of the CourtTreat', C. J.
There are two defects in the scire facias. 1. It fails to show that the recognizance was approved by the justice. It recites that the defendants appeared before him, and did then and there “ execute and deliver to the said justice a certain bond or recognizance, whereby,” &c. This is not sufficient to show that the obligation was ever taken and approved by the officer. Such taking and approval are essential to its validity. And this should appear from the scire facias, either by a distinct averment to that effect, or by setting out the recognizance, from the face of which it may be seen that…
2Cited by8 opinions
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- Belt v. SpauldingOregon Supreme Court · 1888
- State v. KlingmanSupreme Court of Iowa · 1862
- Lawrence v. PeopleIllinois Supreme Court · 1855
- Channel v. CapenAppellate Court of Illinois · 1892
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