Cushman v. State
Texas Supreme Court
Appeal from Aransas. Tried below before the Hon. T. C. Barden. This case is brought by appeal from a final judgment upon a forfeiture of a bail bond. On the eighteenth of September, 1871, a bill was passed by the Legislature, and sent to the Governor, creating the county of Aransas out of part of the county of Refugio. The Governor failing to approve, or return the bill, it became a law without his signature.
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Appeal from Aransas. Tried below before the Hon. T. C. Barden. This case is brought by appeal from a final judgment upon a forfeiture of a bail bond. On the eighteenth of September, 1871, a bill was passed by the Legislature, and sent to the Governor, creating the county of Aransas out of part of the county of Refugio. The Governor failing to approve, or return the bill, it became a law without his signature. The bill made no provision as to process then in existence relating to matters within the territory of the new county. On the twenty-third day of October, 1871 (just one month after the…
1Opinion of the CourtOgden, J.
This is a proceeding on a forfeited bail bond, and under the rules laid down in Jackson v. The State (13 Texas, 406), and in The State v. Cox (25 Texas, 409), we are of the opinion that the scire facias which issued upon the judgment nisi is not in conformity with the law and the uniform practice in this State. The scire facias fails to show when, where, or by what authority the bond was executed, and these are material facts which should appear in the writ.
But the scire facias misdescribes the bond in an important particular; It describes the bond as binding the defendant to appear at the…
2Cited by1 opinion
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