State v. Quattlebaum
Supreme Court of South Carolina
Before Hudson, special J., Richland, March, 1903. Action by State against J. M. Quattlebaum on recognizance. Prom Circuit order, plantiff appeals. cite: Is recognisance void by reason of failure of principal to sign? Crim. Code, 1902, 81; End. on Int. of Stat., sec. 527; 2 Bail., 362; 3 Ency., 2 ed., 618; 29 Kan., 152; 10 Kan., 630; 1 Blackf., 236 ; 32 Mo.
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Before Hudson, special J., Richland, March, 1903. Action by State against J. M. Quattlebaum on recognizance. Prom Circuit order, plantiff appeals. cite: Is recognisance void by reason of failure of principal to sign? Crim. Code, 1902, 81; End. on Int. of Stat., sec. 527; 2 Bail., 362; 3 Ency., 2 ed., 618; 29 Kan., 152; 10 Kan., 630; 1 Blackf., 236 ; 32 Mo. App., 522; 2 Mill., 123. If void under statute, it is good at common law: 2 Ga., 137; 31 la., 322; 2 N. & McC., 125; 2 Strob., 152; 3 Strob., 98. Has Court of Common Pleas jurisdiction? 16 S. C., 537. The former cite: Recognisance invalid…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought in the Court of Common Pleas for Richland County on a bond for $200, signed b)r the defendant, conditioned for the appear anee for trial in the Court of General Sessions of one Edward Cornell, arrested for assault and attempt to rob. The defendant demurred to the complaint. The grounds on which the demurrer was sustained are:
“The complaint does not state facts sufficient to constitute a cause of action, in that the complaint does not allege that the principal signed the recognizance.
“That the Court of Common…
2Cases cited2 opinions
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3Cited by6 opinions
- State v. HinesSupreme Court of Oklahoma · 1913
- People v. AlmashyMichigan Supreme Court · 1924
- State v. BaileySupreme Court of South Carolina · 1966
- State v. HarrelsonSupreme Court of South Carolina · 1947
- State v. ParkerSupreme Court of South Carolina · 1976
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