Carpenter v. State
Supreme Court of Missouri
APPEAL from the Circuit Court of Montgomery county. POINTS AND AUTHORITIES. 1. That Dade was not a justice of the peace, duly and legally commissioned and qualified as such, and therefore had not authority of law to take the recognizance on which the scire facias issued in this cause: and, in support of this point, I refer to Statutes of Mo., 345, sec. 11,12,13,14. 2. That the recognizance was and is radically defective in the description of the alleged offence. — See 9…
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APPEAL from the Circuit Court of Montgomery county. POINTS AND AUTHORITIES. 1. That Dade was not a justice of the peace, duly and legally commissioned and qualified as such, and therefore had not authority of law to take the recognizance on which the scire facias issued in this cause: and, in support of this point, I refer to Statutes of Mo., 345, sec. 11,12,13,14. 2. That the recognizance was and is radically defective in the description of the alleged offence. — See 9 Mass. Rep., Cone vs. Dorony, 520; 16 Mass. Rep., 447, Ibid.', 17 Wend., 252, People vs. Blankman. 3. That the evidence…
1Opinion of the Court
Tompkins, Judge,
delivered ihe opinion' of the Court.
This is a proceeding, by scire facias, instituted by the State of Missouri against Conrad Carpenter, Joseph Parks, Frederick H. Dryden, and Thomas Dryden, requiring the said defendants to show cause why execution should not go against them for the sum of two thousand dollars, charged to be forfeited by them, by their failure to comply with the conditions of a recognizance by them entered into on the 28th day of July, 1842, before Lee M. Dade, a justice of the peace of said county. The recognizance sued on, as set out in the bill of…
2Cases cited1 opinion
- Carroll v. CornSupreme Court of Missouri · 1822
3Cited by5 opinions
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- State v. GorhamUtah Supreme Court · 1937