State v. Randolph
Supreme Court of Missouri
Appeal from Callaway Circuit Cowrt. This was a proceeding by scire facias upon a forfeited recognizance alleged to have been entered into by Robert D. Randolph as principal, and Robert Randolph as security, conditioned for the appearance of the former at the October term, 1854, of the Callaway circuit court. A demurrer to the scire facias was sustained. The supreme court reversed the judgment on the demurrer.
Read the full summary
Appeal from Callaway Circuit Cowrt. This was a proceeding by scire facias upon a forfeited recognizance alleged to have been entered into by Robert D. Randolph as principal, and Robert Randolph as security, conditioned for the appearance of the former at the October term, 1854, of the Callaway circuit court. A demurrer to the scire facias was sustained. The supreme court reversed the judgment on the demurrer. (See 22 Mo. 474.) Robert Randolph, the security, then answered, alleging that after the examination of Robert D. Randolph upon the criminal charge for which he was arrested, the justice…
1Opinion of the CourtRichardson, Judge
It is a settled principle that a recognizance, to be valid, must be taken by a competent court or officer, under circumstances warranted by law, “ and for the performance of some act that the law allows to be secured in that way, and in the form prescribed for that purpose.” (22 Mo. 478.)
After the justice had issued his warrant of commitment and delivered it to the sheriff, his authority over the subject was exhausted, and the prisoner could only be discharged from custody, on bail or otherwise, by a court or magistrate authorized by law to issue a writ of habeas corpus (R. C. 1845, p. 862, §…
2Cited by8 opinions
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State v. CaldwellSupreme Court of Missouri · 1894
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- Northcraft v. MartinSupreme Court of Missouri · 1859
- State v. NelsonSupreme Court of Missouri · 1859
3 more not listed; retrieve them via the Exa API.