Durden v. State
Supreme Court of Alabama
[judgment against DEFAULTING -WITNESS before grand jury.] Appeal from the Circuit Court of Choctaw. Tried before the Hon. E. W. Pettus. The appellant in this case having been summoned to attend as a witness before the grand jury, and having made default, a judgment nisi was taken against him, on which a scire facias was issued.
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[judgment against DEFAULTING -WITNESS before grand jury.] Appeal from the Circuit Court of Choctaw. Tried before the Hon. E. W. Pettus. The appellant in this case having been summoned to attend as a witness before the grand jury, and having made default, a judgment nisi was taken against him, on which a scire facias was issued. The scire facias, omitting the caption and conclusion, was in these words : “ Whereas, at a circuit court begun and held for the county of Autauga, on the 29th day of September, 1856, the following order was made, and the following judgment entered, to-wit: ‘ The State…
1Opinion of the CourtStone, J.
The right to proceed in this case to a final judgment, by taking a judgment nisi, and by seire facias, is purely statutory, being conferred by section 3492 of the Code. To justify a judgment against a defaulting witness, wbo was summoned to give evidence before the grand jury, the record must affirmatively show a substantial compliance with the statute. — Connolly v. Ala. and Tenn. Rivers R. R. Co., 29 Ala. R. 373, and authorities cited.
The scire facias in this case does not contain enough to justify the judgment rendered. If other facts existed, which make out the regularity of the…
2Cases cited1 opinion
- Emanuel v. KetchumSupreme Court of Alabama · 1852