Rietzell v. People

This was a proceeding in the circuit court of St. Clair county, by scire facias issued upon a recognizance, entered into by William Bietzell, plaintiff in error, for the appearance of one William Hartman, on a charge of larceny. There had been a return of one nihil as to the cognizors, and a judgment for default of appearance entered against them. To reverse this judgment Bietzell, the surety, appears and assigns several errors.

The scire facias performs the office of a declaration as well as process, and the default admits the facts alleged in the writ. Garrison v. The People, 21 Ill. 535. It…