Cantaline v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. S. D. Hale. This was a proceeding by scire facias on a forfeited recognizance.
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Appeal from the Circuit Court of Pike. Tried before the Hon. S. D. Hale. This was a proceeding by scire facias on a forfeited recognizance. The facts shown by the record are these: At the September term, 1855, of the circuit court of Pike county, on change of venue from Covington county, Henry Cantaline entered into a recognizance, with Jeremiah Cantaline and Lewis Carnley as his sureties, conditioned to “pay the State of Alabama $300, if the said Henry Cantaline fails to appear at the next term of said court, and from term to term thereafter until discharged by law, to answer an indictment…
1Opinion of the Court
A. J. WALKER, O. J.—
The assignments of error in this case are, the rendition of a final judgment “previous to the issuance and return of two writs of scire facias,” and “the failure of the record to describe and identify sufficiently the indictment ” which the accused was bound to appear and answer.
The judgment final recites the issue of a scire facias on the 30th April, 1856, and the return of “ not found ” upon it. It then proceeds to state, “that an alias writ of scirefacias was, in like manner, on the-day of-, 185-, issued to the said defendants, requiring them to appear at the present…
2Cases cited9 opinions
- Phillips v. KellySupreme Court of Alabama · 1857
- Sellers v. HayesSupreme Court of Alabama · 1850
- Blocker v. BurnessSupreme Court of Alabama · 1841
- Allen v. HarperSupreme Court of Alabama · 1855
- Bancroft v. StantonSupreme Court of Alabama · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jones v. City of OpelikaSupreme Court of Alabama · 1941
- Bailey v. StateAlabama Court of Appeals · 1963
- Grund v. StateSupreme Court of Alabama · 1867