Ward v. State
Texas Supreme Court
Error from Freestone. Tried below before the Hon. John B. Rector. This case was brought to the Supreme Court by writ of error, from a final judgment by default, on the following bail bond: “The State of Texas, 1 Know all men by these presGounty of Freestone, j ents, that we, J. W. Orchard, as principal, and Harmon Ward and S. P. Hamilton, as sureties, bind ourselves unto the State of Texas, in the sum of two hundred dollars, conditioned that the said John W. Orchard will…
Read the full summary
Error from Freestone. Tried below before the Hon. John B. Rector. This case was brought to the Supreme Court by writ of error, from a final judgment by default, on the following bail bond: “The State of Texas, 1 Know all men by these presGounty of Freestone, j ents, that we, J. W. Orchard, as principal, and Harmon Ward and S. P. Hamilton, as sureties, bind ourselves unto the State of Texas, in the sum of two hundred dollars, conditioned that the said John W. Orchard will appear in person at the next regular term of the District Court, August term, 1871, then and there to answer the State of…
1Opinion of the CourtOgden, J.
The Attorney-Greneral confesses many errors in the record and judgment of this case, but one of which do we deem it necessary to notice.
Judgment final was entered upon a forfeited bail bond, but the bond is fatally defective in not requiring the defendant to make his appearance at any particular place or county to answer the charge against him. In this respect the bond fails to comply with the requirements of the statute, and is insufficient to support any judgment whatever.
The judgment is therefore reversed and the cause dismissed.
Reversed and dismissed.
2Cited by3 opinions
- Granberry v. StateCourt of Criminal Appeals of Texas · 1909
- Lopez v. State, Texas Court of Appeals, 4th District (San Antonio)1984
- Lopez v. State, Texas Court of Appeals, 4th District (San Antonio)1984