Vaughan v. Candler

This case arose upon a proceeding by scire facias to forfeit a criminal recognizance given by Jerry Vaughan as principal, and Mike Vaughan as surety. The scire facias described the recognizance as reciting that it should “be void on condition that the said Jerry Vaughan make his personal appearance before the next superior court to be held for said county, to answer the offense of assault with intent to murder.” It also appeared that the “next” term of the court was the April term, and that the scire facias was issued at the succeeding October term. The surety demurred generally, and on the…