Legal Opinion

State v. Johnson

Supreme Court of South Carolina

Decided July 2, 1907No. 6570PublishedCited by 1 opinion

Proceeding to estreat recognizance in State v. Sallie Johnson against herself and E. McC. Clarkson, Jr., as surety. From order making rule absolute, surety appeals. cite. Rule to show cause is same as proceeding scire facias: 13 S. C., 344, 452; 40 S. C., 255 ; Code of Proc., 148, 156. Service of writ of scire facias to estreat a recognisance is governed by same rule as service of other process: 19 Ency. P. & P., 314; 2 Strob., 207; 2 Brev., 201. Mr. Jno.

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Proceeding to estreat recognizance in State v. Sallie Johnson against herself and E. McC. Clarkson, Jr., as surety. From order making rule absolute, surety appeals. cite. Rule to show cause is same as proceeding scire facias: 13 S. C., 344, 452; 40 S. C., 255 ; Code of Proc., 148, 156. Service of writ of scire facias to estreat a recognisance is governed by same rule as service of other process: 19 Ency. P. & P., 314; 2 Strob., 207; 2 Brev., 201. Mr. Jno. P. Thomas, oral argument.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This was a proceeding in the Court of General Sessions for Richland County to estreat a recognizance in the sum of $200 to the State by the defendant, Sallie Johnson, as principal, and E. McC. Clarkson, Jr., as suretji, the condition of the recognizance being for the appearance of Sallie Johnson before the Court of General Sessions, fall term, 1904, to answer for an indictment for assault and battery of a high and aggravated nature to do and receive what shall be enjoined by the Court and not depart the Court without license. After…

2Cases cited2 opinions

  1. State v. CornellSupreme Court of South Carolina · 1905
  2. State v. QuattlebaumSupreme Court of South Carolina · 1903

3Cited by1 opinion

  1. State v. BaileySupreme Court of South Carolina · 1966

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