Vincent v. People
Illinois Supreme Court
This was a scire facias upon a recognizance entered into by the appellant, as security with William Vincent and William Kelly as principals, running to the People, and dated September 29th, 1859, returnable to the October term of the said Recorder’s Court.
Read the full summary
This was a scire facias upon a recognizance entered into by the appellant, as security with William Vincent and William Kelly as principals, running to the People, and dated September 29th, 1859, returnable to the October term of the said Recorder’s Court. At said October term said recognizance was defaulted and a judgment rendered thereon, and a scire facias issued to appellant, and to William Vincent and, William Kelly, returnable at the January term, A. D. 1860, of said Recorder’s Court. There was a default of the recognizance, and a judgment was entered thereon, and an order for scire…
1Opinion of the CourtWalker, J.
This was a scire facias on a recognizance. A plea of non est factum verified by affidavit was interposed. On the trial in the court below it appeared in evidence, that the justice of the peace before whom the recognizance was taken, without the knowledge or consent of plaintiff in error, struck out his name, as it was originally inserted, in the condition of the recognizance, and inserted the name of George Vincent. This, it is contended, was such a change as released the cognizors. As it was originally executed, the recognizance was for the appearance of the plaintiff in error, and George…
2Cited by2 opinions
- O'Brien v. PeopleIllinois Supreme Court · 1866
- People v. ClinninAppellate Court of Illinois · 1957