Emanuel v. Ketchum
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. JOHN Bragg. This was a scire facias by Ketehum against Emanuel, as a defaulting witness.
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Error to the Circuit Court of Mobile. Tried before the Hon. JOHN Bragg. This was a scire facias by Ketehum against Emanuel, as a defaulting witness. The sci. fa. is in these words: “ The State of Alabama, Mobile County, To any Sheriff of the said State, Greeting: You are hereby commanded, to make known to Jonathan Emanuel, that at the .Fall Term, 1848, of the Circuit Court of Mobile County, a judgment nisi, of which the following is a copy, was rendered against him: “ George A. Ketehum \ 21st day of Dec., A. D. 1848. vs. t This day came the parties, by their Benj. F. Scattergood. J attorneys,…
1Opinion of the CourtPhelan, J.
— In scire facias the plaintiff may treat the sci. fa. as a writ simply, and declare upon it, or he may make the writ stand in the place of both writ and declaration. But if this be done, the writ must contain such averments as would be necessary to make a declaration good. 2 Dunlap, Scire Eacias. Such is the rule at common law, and there is nothing in our statute respecting judgments nisi and scire facias on forfeited bonds and recognizances, which at all affects the rule, in the case of scire facias against a defaulting witness in a civil case.
In sci. fa. against bail, the bail bond must be…
2Cases cited1 opinion
- Tunstall v. DonaldSupreme Court of Alabama · 1849
3Cited by7 opinions
- Pomeroy v. StateSupreme Court of Alabama · 1866
- Carter v. WannSupreme Court of Alabama · 1871
- Teat v. CockeSupreme Court of Alabama · 1868
- Durden v. StateSupreme Court of Alabama · 1858
- Grund v. StateSupreme Court of Alabama · 1867
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