McElwee v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Jasper county; the Hon. James C. Allen, Judge, presiding. This was a scire facias upon a forfeited recognizance, against "William McElwee and Fuller Nigh.
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Writ of Error to the Circuit Court of Jasper county; the Hon. James C. Allen, Judge, presiding. This was a scire facias upon a forfeited recognizance, against "William McElwee and Fuller Nigh. The record shows the following order: “ And afterwards, to-wit: at the May term, A. X). 1874/of the circuit court, began and held in the court house, in Newton, in said Jasper county, and State aforesaid, the said people being represented by the State’s Attorney, and the matter of the recognizance of the before named Frank McElwee, for the appearance, on the first day of said term of court, of the said…
1Opinion of the CourtChief Justice Scott
The recognizance upon which the scire facias in this case was sued out, had been abstracted or lost from the files. On leave given by the court, for that purpose, it was supplied.The fact the recognizance was temporarily off the files, did not, as insisted, deprive the court of jurisdiction. The power of the court to permit any part of the record or files to be supplied, in case of loss or destruction, is not contested, but it is claimed no notice was given, and that the evidence of the contents of the lost recognizance was not sufficient to sustain the action of the court. ‘ ■
No bill of…
2Cited by7 opinions
- People v. EllsworthIllinois Supreme Court · 1913
- Hereford v. PeopleIllinois Supreme Court · 1902
- People v. WestonIllinois Supreme Court · 1908
- Kizer v. PeopleIllinois Supreme Court · 1904
- Wilbanks v. CrosnoAppellate Court of Illinois · 1904
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