Trimble v. State

Charles Sanders was indicted in the Decatur Circuit Court for burglary. He was arrested by the *152sheriff, and was discharged from the arrest by giving a recognizance for his appearance at the next term of the Court to answer to said indictment. James H. Trimble was his surety in the recognizance. Sanders failed to appear; a default was taken; and the present suit is a scire facias against Trimble, surety, on said recognizance.

Trimble obtained oyer of the recognizance, and pleaded that when the same was taken by the sheriff he had no lawful right, power, or authority to take it, or the…