Thomas v. People
Illinois Supreme Court
These cases were commenced by proceedings by scire facias, in the Iroquois Circuit Court. The causes were heard before Henderson, Judge, at the October term, 1850, of the Iroquois Circuit Court.
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These cases were commenced by proceedings by scire facias, in the Iroquois Circuit Court. The causes were heard before Henderson, Judge, at the October term, 1850, of the Iroquois Circuit Court. The writs of scire facias, after stating that the parties entered into a recognizance on the 2d day of November, 1849, which is recited, then aver, that the said James Ellis (the party indicted) having failed to appear at the said term of said court, to answer to the said indictment, as we by the suggestion of the people aforesaid by their State’s attorney have understood, the recognizors were…
1Opinion of the Court
Catón, J.
These two cases are alike, and but one opinion need be filed in the disposition of both. They are judgments upon two writs of scire facias entered by default, and although several objections were taken upon the argument, we only deem it necessary to notice one. The writs ,6f scire facias are altogether insufficient to authorize judgments upon them. They do not clearly show before what court the recognizances were entered into, nor for what offences the principal in the recognizances was indicted. These should have been shown by averments in the writs of scire facias. But, above all,…
2Cited by5 opinions
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- Brown v. PeopleAppellate Court of Illinois · 1887
- Farris v. PeopleIllinois Supreme Court · 1871
- McGuire v. StateIndiana Supreme Court · 1889
- Philbrick v. BuxtonSupreme Court of New Hampshire · 1862