Littleton v. State
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. First — The complaint should have been stricken from the files because it was altogether unnecessary, and the summons should have been quashed, because it was fatally defective in failing to require appellants to appear and show cause why judgment should not be rendered against them for the sum specified in the bail-bond, on account of the forfeiture thereof.
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APPEAL from Yell Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. First — The complaint should have been stricken from the files because it was altogether unnecessary, and the summons should have been quashed, because it was fatally defective in failing to require appellants to appear and show cause why judgment should not be rendered against them for the sum specified in the bail-bond, on account of the forfeiture thereof. Mansfield’s Digest, sec. 8068; Miller v. State, 35 Ark ,p. 877; Thomm v. State, 35 Ark., 388. Second — The circuit court had no jurisdiction to try and render…
1Opinion of the Court
OPINION.
Cockrill, C. J\
It is claimed that the proceeding by scire facias to collect the penalty of a forfeited bail bond is exclusive of all other remedies, and that as this was an ordinary action upon a complaint filed in a different court from that in which the condition of the bond required the accused to appear, the court erred in refusing to grant the appellant’s motion to dismiss the action.
1. Bail bond, how «enforced. The statute requires the prosecuting attorney to sue out a scire facias where default has been made, but it does not negative or preclude the right to proceed by action…
2Cases cited11 opinions
- United States v. RyderSupreme Court of the United States · 1884
- State v. RossSupreme Court of Iowa · 1866
- Schee v. McQuilkenIndiana Supreme Court · 1877
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- State v. GorleySupreme Court of Iowa · 1855
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3Cited by6 opinions
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1910
- Donna's Bail Bonds, Inc. v. StateCourt of Appeals of Arkansas · 1991
1 more not listed; retrieve them via the Exa API.