People v. Phelps
Illinois Supreme Court
The defendant in error entered into a recognizance with one Bennet for the appearance of the latter to answer to a criminal charge. The recognizance was forfeited, and a scire facias issued against Bennet.
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The defendant in error entered into a recognizance with one Bennet for the appearance of the latter to answer to a criminal charge. The recognizance was forfeited, and a scire facias issued against Bennet. Before judgment was entered on the sci. fa., Phelps procured a capias to be issued, upon which Bennet was arrested and brought into court, whereupon Phelps asks to be discharged, to which the State’s attorney objected, unless Phelps should first pay the costs made upon the capias, issued at his instance. The Circuit Court, Walkeb, Judge, presiding, ordered his discharge, to which the…
1Opinion of the CourtSoates, C. J.
The institution of a suit by scire facias on default of appearance on a recognizance in criminal cases, is for the recovery of a debt of record; and it is a distinct proceeding from the criminal proceeding out of which it arises, and in no sense interferes with the process or progress of the criminal charge. It becomes a civil proceeding: indeed I believe at the common law, it was not in the same court, but by estreatment of the recognizance into the king’s exchequer, the scire facias issued from that court, for the purpose of awarding execution for the debt due the king, as in other cases,…
2Cited by4 opinions
- Peacock v. PeopleIllinois Supreme Court · 1876
- The People v. WascherIllinois Supreme Court · 1932
- People v. WascherAppellate Court of Illinois · 1931
- People v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1925