Lytle v. People

At the March term, 1867, Lytle failing to appear according to the condition of the recognizance, a judgment of forfeiture was rendered against him, and Smith, his bail. A scire facias was issued against them, to show cause why the people should not have execution of that judgment. Service was had upon Smith, but there was no return as to Lytle. Smith filed two pleas: first, that there was no record of the supposed forfeiture, and second, that there is no such recognizance. Replications were filed and issues joined. At the April term, 1868, a trial was had by the court, a jury having been…