State v. Streutker
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. — Hon. Vital W. Garesche, Judge. Appellant lias filed no brief herein. Scire facias is the proper remedy to enforce recognizance after forfeiture. 6 C. J. 1057-58; State v. Caldwell, 124 Mo. 509; State y. Hoeffner, 124 Mo. 488.
1Opinion of the Court
This is a proceeding by scire facias upon the alleged forfeiture of a recognizance wherein Emmett J. Carroll, charged with the crime of forgery, was principal, and Henry Streutker, appellant was his surety.
The transcript of the record which was sent hereStatement. shows that the cause against Carroll was pending in the Circuit Court of St. Louis, June 20, 1919, was assigned to Division No. 10 of that court, and on October 14, 1919, was continued to the next term of court. The record recites that on October 17, 1919, the defendant failed to appear; a forfeiture was declared and scire facias…
2Cases cited2 opinions
- State v. EpsteinSupreme Court of Missouri · 1905
- State v. HoeffnerSupreme Court of Missouri · 1897
3Cited by1 opinion
- Gross v. Atchison CountySupreme Court of Missouri · 1928