Browder v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. . This was a proceeding by a scire facias upon a recognizance to'appear and answer to a criminal charge. At the spring term of the Circuit Court, holden in 1843, the recognizance was forfeited, a judgment nisi rendered against the recognizors, and a scire facias issued thereon was returned “ executed.”
Read the full summary
Writ of Error to the Circuit Court of Barbour. . This was a proceeding by a scire facias upon a recognizance to'appear and answer to a criminal charge. At the spring term of the Circuit Court, holden in 1843, the recognizance was forfeited, a judgment nisi rendered against the recognizors, and a scire facias issued thereon was returned “ executed.” Without any proceédings thereon, the case of the indictment was continued at the fall term of 1843. At the next term a second judgment nisi was rendered, and a scire facias issued thereon was executed. To this sci. fa. the defendant pleaded the…
1Opinion of the CourtCollier, C. J.
The judgment rendered upon the plea of the defendant below, to the scire facias issued upon the second -judgment nisi, whether correct in point of form or not, certainly concedes to him all he asked, and quite as much as he was entitled to. It annuls that judgment, and quashes the scire facias ; thfis an end was put not only to the proceeding then before the court, but the judgment being set aside, of course no process could be issued upon it in future.
The order for the judgment nunc pro tunc recites, that it appeared to the court, “ from ah inspection of the recognizance, the judgment nisi,…
2Cases cited3 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Badger v. StateSupreme Court of Alabama · 1843
- Ellison v. StateSupreme Court of Alabama · 1845
3Cited by9 opinions
- State v. EldredSupreme Court of Alabama · 1858
- State v. WeaverSupreme Court of Alabama · 1850
- Hall v. StateSupreme Court of Alabama · 1849
- Territory of Oklahoma Ex Rel. Thacker v. ConnerSupreme Court of Oklahoma · 1906
- United States v. GeorgeU.S. Circuit Court for the District of Minnesota · 1874
4 more not listed; retrieve them via the Exa API.