Wood v. People
Illinois Supreme Court
The scire facias in this case alleges that on, etc., before Thos. H. Flynn, sheriff of the county of Scott, who had full and competent authority as such, to take the recognizance, personally appeared Freeman Dunham as principal, and Willard W. Wood as security, and entered into the following recognizance, reciting it at length; the recognizance recites that, whereas, at the April term, A. D. 1853, of the Scott Circuit court, the Grand Jury of said county, elected, tried and…
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The scire facias in this case alleges that on, etc., before Thos. H. Flynn, sheriff of the county of Scott, who had full and competent authority as such, to take the recognizance, personally appeared Freeman Dunham as principal, and Willard W. Wood as security, and entered into the following recognizance, reciting it at length; the recognizance recites that, whereas, at the April term, A. D. 1853, of the Scott Circuit court, the Grand Jury of said county, elected, tried and sworn, by the authority of the people of the State of Illinois upon their oaths, a true “ presentment,” made against the…
1Opinion of the Court
Treat, 0. J.
Our statute provides, that “It shall not be necessary to file a declaration in any scire facias to revive a judgment, or foreclose a mortgage, in any court of record in this State.” As this provision is not broad enough to embrace a scire facias upon a recognizance, it is insisted, that a declara tion is necessary in such a proceeding. We need not inquire whether this is the practice in the English courts. It has been the uniform practice in this State, not to file a declaration in such cases, but to set forth the cause of action in the scire facias. The writ is regarded as both…
2Cases cited2 opinions
- Brown v. HarleySupreme Court of Florida · 1848
- Graves v. PeopleIllinois Supreme Court · 1850
3Cited by2 opinions
- Peacock v. PeopleIllinois Supreme Court · 1876
- People v. LewisAppellate Court of Illinois · 1918