Legal Opinion

Farr v. State

Supreme Court of Alabama

Decided June 15, 1844PublishedCited by 2 opinions

Writ of error to the Circuit Court of Shelby. Farr being arrested upon a capias to answer to an indictment for larceny, entered into a recognizance with Simpson as his surety, conditioned for his appearance at the nest succeeding term of the court, and to answer accordingly. Farr having failed to appeal’, a judgment on the recognizance was entered, reciting “that the defendant being solemnly called to come into court, came not, but wholly made default.

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Writ of error to the Circuit Court of Shelby. Farr being arrested upon a capias to answer to an indictment for larceny, entered into a recognizance with Simpson as his surety, conditioned for his appearance at the nest succeeding term of the court, and to answer accordingly. Farr having failed to appeal’, a judgment on the recognizance was entered, reciting “that the defendant being solemnly called to come into court, came not, but wholly made default. It is, therefore, considered by the court, that the State of Alabama recover of the defendant, William Farr, and James A. Simpson, his…

1Opinion of the CourtCollier, C. J.

The attorney general has moved to dismiss the writ of error in this case, because the final judgment against the defendants is several, and they cannot, consequently, join in a proceeding for its revision. In Howie & Morrison v. The State, [1 Ala. Rep. N. S. 113,] this court said, that where there are several judgments against two or more recognizors, although contained in the same entry, neither of them have any interest or concern with the judgment against the other; and they cannot, therefore, join in the prosecution of the writ of error. — ■ The case cited, is directly in point, and the…

2Cited by2 opinions

  1. Copeland v. Dixie Lumber Co.Alabama Court of Appeals · 1911
  2. Lindsay v. StateSupreme Court of Alabama · 1848

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