McArdle v. McDaniel

Jackson, Chief Justice.

This record discloses, with the bill' of exceptions, error assigned upon the refusal of the court to set aside a judgment of final forfeiture of a recognizance, on amotion therefor made during the term.

The proof is that defendant in the indictment was prevented from appearing at the first term, when the scire facias was issued, by his own sickness, and when the case was called at the next term, to which the scire facias'\v as returnable, he again failed to appear from the sickness of his wife. These providential causes of absence at both terms were verified on the…