People v. Levin

Mr. Presiding Justice Mack

delivered the opinion of the court.

Plaintiffs in error are principal and surety in a recognizance taken by a Judge of the Municipal Court, after commitment to jail, conditioned on appearance' in the Criminal Court. On the call of the case aftér indictment, the recognizance was forfeited for failure to appear, and the judgment of forfeiture was subsequently made absolute after default by both defendants on a scire facias issued out of the Criminal Court and served by reading to one defendant and returned as to the other defendant, “the other within named defendant not…