Legal Opinion

State v. Wells

Supreme Court of Iowa

Decided March 20, 1873PublishedCited by 1 opinion

Appeal from, Des Momes Disi/riet Cowrt. Action upon a recognizance. The petition is as follows: Tour petitioner, The State of Iowa, avers, that heretofore, to-wit: at the January term of this court, A. D. 1870, one Abijah Hughes was indicted, charged with the crime of obtaining money under false pretenses, and was duly admitted to bail in the sum of $4,000. That on the 6th of May, 1870, defendants, Jane Darling and Greorge A. Wells, executed their bond or undertaking to tbe…

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Appeal from, Des Momes Disi/riet Cowrt. Action upon a recognizance. The petition is as follows: Tour petitioner, The State of Iowa, avers, that heretofore, to-wit: at the January term of this court, A. D. 1870, one Abijah Hughes was indicted, charged with the crime of obtaining money under false pretenses, and was duly admitted to bail in the sum of $4,000. That on the 6th of May, 1870, defendants, Jane Darling and Greorge A. Wells, executed their bond or undertaking to tbe plaintiff, whereby they undertook and agreed that said Abijah Hughes should appear and answer to said indictment, and…

1Opinion of the Court

Cole, J.—

The indictment was found in Des Moines county. The bond was executed and the defendants qualified before the clerk of the district court of Jefferson county; but there is no averment or showing that it was ever acknowledged. Regularly and in order to comply with the terms of the statute, so that the prisoner could demand his discharge, the bond should have been executed and acknowledged before the clerk of the district court of Des Moines county, and the sureties should have justified before him. Rev., § 4978. But these are directory and formal matters, and failure to conform to them…

2Cases cited2 opinions

  1. State v. GorleySupreme Court of Iowa · 1855
  2. State v. EmilySupreme Court of Iowa · 1867

3Cited by1 opinion

  1. State v. BakerSupreme Court of Iowa · 1956

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