Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided January 15, 1844PublishedCited by 1 opinion

We.it of error to the Circuit Court of St. Clair eounty. Sci. fa. on a judgment nisi rendered on a forfeited recogni-sance. Walker entered into a recognizance with Wm. Hale, conditioned that the latter should appear at the then next term of the circuit court to be held for St. Clair county, on the 4th Monday of March.

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We.it of error to the Circuit Court of St. Clair eounty. Sci. fa. on a judgment nisi rendered on a forfeited recogni-sance. Walker entered into a recognizance with Wm. Hale, conditioned that the latter should appear at the then next term of the circuit court to be held for St. Clair county, on the 4th Monday of March. The legislature subsequently changed the time of holding that court, to the first Monday of March, on which day Hale was called on his recognizance, and failing to appeal’, it was forfeited, and judgment nisi rendered, which being made final, Walker prosecutes this writ, of…

1Opinion of the CourtGoldthwaite, J.

The legal affect of this recognizance is, that the party undertakes to render himself at the next term of the court. It cannot be tolerated that the public convenience shall be made to depend on stipulations of bail, nor public justice defeated upon the idea that the time of appearance is considered as essential in engagements of this description. We consider the recognizance as equally binding, whether the court is held on the day named, or its time of session is changed by competent authority, to any other day.

Judgment affirmed.

2Cited by1 opinion

  1. Jones & Co. v. DonnellSupreme Court of Alabama · 1846

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