Lane v. People

This case was before us at the January term, 1870, 53 Ill. 434, and the scire facias was then held insufficient, because it was against the sureties and not against Way, the principal cognizor, as a party. It comes here again, and it is objected that the scire facias upon which this judgment was rendered is insufficient. It is first urged, that it was issued without an order of court. The judgment of forfeiture directs that a scire facias shall issue, returnable to the next term of the court. Such a writ was issued and a trial was had, judgment recovered, which, as we have seen, was reversed,…