People v. O'Brien

This was a scire facias upon a recognizance and demurrer thereto, and judgment on the demurrer for the cognizors. The people bring the case here by writ of error, assigning this judgment as error.

The case is, that one Drury Dalton entered into a recognizance before two justices of the peace of Peoria county, to answer an indictment for larceny, which recognizance the defendants in error signed as sureties. At the April Term, 1865, the recognizance was forfeited by the non-appearance of Dalton, and a scire facias ordered. That writ issued April 20, 1865. On demurrer to the scire facias, these…