Saffold v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Harrison County. Hon. J. S. Hamm, Judge. At the October term, 1876, of the Circuit Court of Harrison County, Washington House, having been indicted for larceny, entered into a recognizance with K. C. Saffold as surety to appear at the April, 1877, term of the court. House failing to appear at the latter term a judgment nisi was taken against both him and Saffold on the recognizance, and a writ of scire facias was issued to both.
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Appeal from the Circuit Court of Harrison County. Hon. J. S. Hamm, Judge. At the October term, 1876, of the Circuit Court of Harrison County, Washington House, having been indicted for larceny, entered into a recognizance with K. C. Saffold as surety to appear at the April, 1877, term of the court. House failing to appear at the latter term a judgment nisi was taken against both him and Saffold on the recognizance, and a writ of scire facias was issued to both. The writ was served and duly returned as to Saffold, but no service was had and no return made as to House. At the November term,…
1Opinion of the CourtCampbell, C. J.
After judgment by default on the scire facias upon a recognizance it is not admissible to notice a variance between the recognizance and scire facias. Ditto v. The State, 30 Miss. 126.
It is not a valid objection to a judgment on a recognizance against a surety that the principal has not been served with scire facias, or that there have not been two returns of “ not found ” as to him. Sect. 3043 of the Code makes two returns of “ not found,” equal to service of scire facias in such case, but does not make service or such return as to all a prerequisite of judgment final against those who are…
2Cases cited2 opinions
- Bruce v. ColganCourt of Appeals of Kentucky · 1822
- Ditto v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
- Marx v. StateMississippi Supreme Court · 1884
- Smith v. StateMississippi Supreme Court · 1899