Pounds v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Webster County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court. ■ The judgment nisi was rendered at the August term, 1881, of the Circuit Court against CLulf Sims and surety jointly for $100. The alias scire facias recites that the judgment nisi was rendered at the January term, 1.882, against E. Cluff Sims and Pounds, his surety, for $100 each, or severally.
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Appeal from the Circuit Court of Webster County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court. ■ The judgment nisi was rendered at the August term, 1881, of the Circuit Court against CLulf Sims and surety jointly for $100. The alias scire facias recites that the judgment nisi was rendered at the January term, 1.882, against E. Cluff Sims and Pounds, his surety, for $100 each, or severally. Here are three variances between scire facias and judgment nisi, viz. : 1. In the name of the defendant, Sims. 2. In the liability of principal and surety. 8. In the term of…
1Opinion of the CourtChalmers, J.
One Cluff Simms was, by that name, indicted for the offence of unlawful retailing, and entered into a recognizance with appellant Pounds as his surety. Failing to appear judgment nisi was taken against him and his surety jointly in the sum of one hundred dollars. A scire facias issued upon this judgment, correct in all its recitals,, except that it recited the judgment nisi as having been taken against E. Cluff Sims, thus prefixing a new initial to the name of the' principal. The writ was served upon the surety Pounds, but not upon the principal.
An alias writ of scire facias was then issued,…
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