Legal Opinion

Kilgrow v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 7 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. The record in this case sets out, 1st, a bond executed by Henry Morrison as principal, and B. F. Kilgrow and M. S. Barganier as his sureties, conditioned for the appearance of said Morrison at the next term of the Circuit Court of Butler, “ and from term to term thereafter until discharged by law, to answer indictment preferred against him in said court for burglary which bond is in the penalty…

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Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. P. Hubbard. The record in this case sets out, 1st, a bond executed by Henry Morrison as principal, and B. F. Kilgrow and M. S. Barganier as his sureties, conditioned for the appearance of said Morrison at the next term of the Circuit Court of Butler, “ and from term to term thereafter until discharged by law, to answer indictment preferred against him in said court for burglary which bond is in the penalty of $400, and was approved by the sheriff on the 26th April, 1879. The record next sets out a judgment rendered in said…

1Opinion of the CourtSomebyille, J.

— Sections 4863-4868 of the present Code prescribe the form of procedure for the enforcement of forfeitures of undertakings of bail in criminal cases. A condi-, tional judgment is authorized to be taken, under certain circumstances, “ against the parties to the undertaking,” the form of which is given ; and this may be made final by notice of its rendition to each of the defendants, or two returns of “ not found ” by the sheriff, which are made equivalent to personal service. — bode, 1876, §§ 4866-67. If these sections stood alone, we would be disposed to construe them to authorize only joint…

2Cases cited1 opinion

  1. Keipp v. StateSupreme Court of Alabama · 1873

3Cited by7 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. Evans v. StateAlabama Court of Appeals · 1952
  3. Sullivan v. Chicago Board of TradeAppellate Court of Illinois · 1903
  4. ABC Bonding Co. v. StateCourt of Civil Appeals of Alabama · 1995
  5. Broadhead v. StateSupreme Court of Alabama · 1984

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