State v. Hinson
Supreme Court of Alabama
ERROR to the Circuit Court of Barbour. Indictment for betting at Faro, against Allen V. Robinson. A capias having been executed on him, he entered into a recognizance in the sum of three hundred dollars, together with the plaintiff and othérs as his sureties, in the sum of three hundred dollars, to be levied separately, and conditioned for the appearance of Robinson at the next term of the Court.
Read the full summary
ERROR to the Circuit Court of Barbour. Indictment for betting at Faro, against Allen V. Robinson. A capias having been executed on him, he entered into a recognizance in the sum of three hundred dollars, together with the plaintiff and othérs as his sureties, in the sum of three hundred dollars, to be levied separately, and conditioned for the appearance of Robinson at the next term of the Court. Robinson having failed to appear, a judgment nisi was rendered on the recognizance “that the State of Alabama recover of the said Allen V. Robinson, and the said John W. Hinson, William C. Gilder, S.…
1Opinion of the CourtOrmond, J.
The two first assignments of error question the regularity of the judgment because an alias sci.fa. was not issued against those defendants not served with process, and without formal discontinuance against them in the judgment. This proceeding is a civil action, and to be governed by the same rules, and there was therefore an undoubted right on the part of the State to discontinue as to those on whom the writ was not served,and proceed to judgment against the others. [Aik. Dig. 267, §56.] We are of opiniop that it is not necessary to enter a formal discontinuance of the action as to those on…
2Cases cited1 opinion
- Howie v. StateSupreme Court of Alabama · 1840
3Cited by5 opinions
- Greer & Walker v. Liipfert-Scales Co.Supreme Court of Alabama · 1908
- State v. EsdaleSupreme Court of Alabama · 1950
- State ex rel. Fayette County v. EarnestSupreme Court of Alabama · 1898
- Richardson v. StateSupreme Court of Alabama · 1858
- Graham v. StateAlabama Court of Appeals · 1915