Pace v. State

Bishee, J.:

This was a writ of error to the judgment of the circuit court of Newton county, rendered upon a scire facias against the plaintiff in error, as bail for one George TV. Buchanan.

The question for decision is, whether the obligation upon which the judgment was rendered, is a bond or recognizance ; and if a bond, whether a forfeiture could be taken and judgment rendered thereon, as in the case of a recognizance.

A recognizance is an obligation of record entered into before a court or an officer duly authorized for that purpose, with condition to do some act required by law. 2 Bl. Com.,…