Bullard v. State
Court of Criminal Appeals of Texas
Writ of Error from the County Court of Ellis. Tried below before Hon. B. McDaniel. At the July Term of the County Court of Ellis County the appearance bond of Claude Bullard for §100 was forfeited, and judgment nisi rendered. Appellants, S. J. Bullard and F. Hapson, were sureties on said bond.
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Writ of Error from the County Court of Ellis. Tried below before Hon. B. McDaniel. At the July Term of the County Court of Ellis County the appearance bond of Claude Bullard for §100 was forfeited, and judgment nisi rendered. Appellants, S. J. Bullard and F. Hapson, were sureties on said bond. The scire facias for these sureties, which was attested July 20, 1892, commanded appellants to appear and answer on the third Monday in July, which was the 18th day of July, a date already past at the time of the issuance of the writ of scire facias. At the October Term, 1892, the sureties failing to…
1Opinion of the Court
DAVIDSON, Judge.
The bail bond herein was forfeited at the July Term of the court. Citation issued to the sureties on the 20th day of the same month, requiring them to appear and answer on the third Monday thereof, which was the 18th day of the month. Judgment final, by default, was subsequently entered at the October Term.
The citation required appearance at an impossible date, two days before its attestation and issuance. It should have required the sureties to appear at the following term of the court. 1 W. & W. C. C., sec. 520; Willson's Crim. Proc., sec. 2017.
The judgment is reversed and…
2Cited by1 opinion
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