Lawton v. State
Texas Supreme Court
Error from Red River. The plaintiff in error was surety for one Hilburn, upon a bond taken by the sheriff of Red River county, payable to “the Governor of the State of Texas and his successors in office,” conditioned for the appearance of the principal, Hilburn, at the next ensuing term of the District Court, to answer to an indictment.
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Error from Red River. The plaintiff in error was surety for one Hilburn, upon a bond taken by the sheriff of Red River county, payable to “the Governor of the State of Texas and his successors in office,” conditioned for the appearance of the principal, Hilburn, at the next ensuing term of the District Court, to answer to an indictment. The bond appears to have been taken on the 4th and filed in the court on the 6th day of December, 1847. On the 20th of the same month, it being Uie Fall Term of the District Court, the defendant failing to appear, a judgment of forfeiture nisi was rendered…
1Opinion of the CourtWheeler, J.
A recognizance is defined to be “an obligation of record which a man enters into before some court of record or magistrate duly authorized, with condition to do some particular act.” (3 Toml. L. D., 297; Bac. Abr.) The only material respect in which it differs from another bond is that an ordinary bond is the creation of an original debt or an obligation de novo; a recognizance is the acknowledgment of a former debt upon record. (Ib.) A bond taken by an officer of court by authority of law and required to be returned into court, when so returned and placed upon the files of the court, is an…
2Cases cited1 opinion
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
- King v. StateNebraska Supreme Court · 1885
- Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
- Hamberlin v. AstonTexas Supreme Court · 1924
- Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
- Gragg v. StateCourt of Appeals of Texas · 1885
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