State v. Carr
Supreme Court of Iowa
Appeal from the Davis District Court. Scire facias against bail. The defendant appeared, and for cause wby his recognizance should not be estreated, answered, denying the execution and acknowledgment of the recognizance, and averring that-the recognizance had never been executed, acknowledged and approved, as the law requires. The answer was not under oath.
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Appeal from the Davis District Court. Scire facias against bail. The defendant appeared, and for cause wby his recognizance should not be estreated, answered, denying the execution and acknowledgment of the recognizance, and averring that-the recognizance had never been executed, acknowledged and approved, as the law requires. The answer was not under oath. The recognizance on which the writ of scire facias issued, appears to have been signed by defendant, and one J. J. Purcell, and was conditioned for the appearance of Purcell at the next term of the District Court, to answer an indictment…
1Opinion of the CourtStockton, J.
In proceedings against bail on scire facias, the defendant is to show cause why the recognizance shall not be estreated, or, in other words, why the conditional judgment of record against him, shall not be made absolute, and execution issued thereon. The burden of proof is on the defendant, when judgment in default of appearance has been entered against the principal. The evidence on which the plaintiff relies is of record, and is presumed to be within the knowledge of the court, and the defendant must show and allege everything -that he relies upon to establish the insufficiency or-…
2Cited by1 opinion
- Peck v. StateSupreme Court of Alabama · 1879