Legal Opinion

Baker v. State

Court of Appeals of Texas

Decided May 25, 1886No. 3997PublishedCited by 4 opinions

Appeal from the District Court of Uvalde. Tried below before A. W. Dillard, Esq., Special Judge. The appeal in this case was prosecuted from judgment final on the forfeiture of the bail bond of A. de Gaultie, held under a charge of swindling. The amount of the bond and judgment was twelve hundred dollars. The statement of facts recites that the State offered nó evidence.

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Appeal from the District Court of Uvalde. Tried below before A. W. Dillard, Esq., Special Judge. The appeal in this case was prosecuted from judgment final on the forfeiture of the bail bond of A. de Gaultie, held under a charge of swindling. The amount of the bond and judgment was twelve hundred dollars. The statement of facts recites that the State offered nó evidence. The defense proved, by the clerk of the court, that the March term, 1885, of the district court of Uvalde county began on the sixteenth day of March, 1885, and that the criminal docket was taken up on the nineteenth day of…

1Opinion of the Court

Hurt, Judge.

This is a scire-facias case. As has been repeatedly held, the writ of scire facias serves the double purpose of a citation and a petition. Appellants answered by general denial and that their principal was sick and unable from said sickness to attend the court at the term at which the bond was forfeited. The case was tried by Anthony W. Dillard, special jiidge, without a jury. The bond was not introduced in evidence, and because of this the appellants insist that the judgment of the court is not supported by the evidence.

Appellants pleaded a general denial. This imposed upon the…

2Cited by4 opinions

  1. State v. FedderIdaho Supreme Court · 1955
  2. Fly v. StateCourt of Criminal Appeals of Texas · 1977
  3. Orr v. StateCourt of Criminal Appeals of Texas · 1940
  4. State v. FedderIdaho Supreme Court · 1955

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