Ishmael v. State
Texas Supreme Court
Appeal from Hopkins. On the 25th of October, 1872, Monroe Ishmael executed a bond in the sum of one hundred dollars, with S. S. Ishmael and W. R. P. Ishmael as his securities, conditioned that he would appear “ at the February term, 1873, and remain from day to day,” &c., to answer an indictment for unlawfully using an estray. At the trial, Monroe Ishmael appeared by counsel, and being found guilty, his fine was assessed at fifty dollars.
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Appeal from Hopkins. On the 25th of October, 1872, Monroe Ishmael executed a bond in the sum of one hundred dollars, with S. S. Ishmael and W. R. P. Ishmael as his securities, conditioned that he would appear “ at the February term, 1873, and remain from day to day,” &c., to answer an indictment for unlawfully using an estray. At the trial, Monroe Ishmael appeared by counsel, and being found guilty, his fine was assessed at fifty dollars. The fine was not paid, and a forfeiture of the bond being claimed by the District Attorney, a judgment nisi was rendered for one hundred dollars against the…
1Opinion of the Court
Reeves, Associate Justice.
The securities of Monroe Ishmael could not be held liable for more than the amount of their bond and the costs incident to the proceeding by scire facias to enforce its collection. The penalty of the bond is one hundred dollars, for the payment of which the parties were jointly and severally liable. The judgment nisi, as taken against each defendant for one hundred dollars, amounting in the aggregate to three hundred dollars, was erroneous, being contrary to the stipulations of the bond. It seems to have been regarded by the court as if a separate sum had been fixed…
2Cited by1 opinion
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