Graham v. State
Alabama Court of Appeals
Forfeited Bail Bond. Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Scire facias on a forfeited bail bond by the State of Alabama, against P. H. Graham and others. From the judgment rendered the sureties appeal.
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Forfeited Bail Bond. Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Scire facias on a forfeited bail bond by the State of Alabama, against P. H. Graham and others. From the judgment rendered the sureties appeal. The judgment was more than the face of the bond, and the sureties aré liable for no more than the face of their undertaking. —State v. Elrod, 31 Ala. 395. The judgment was excessive, but it can be corrected on appeal. — Ew parte Earnest, 123 Ala. 631; Hunt v. The State, 63 Ala. 196.
1Opinion of the CourtThomas, J.
The appellants were sureties on a bail, bond for $200 of one Ben Davis, indicted for crime, and as such, were answerable for his appearance at the circuit court of Autauga county. He failed to appear, forfeiture of bail was duly entered, judgment nisi for $200 was regularly rendered against him and appellants, as his sureties, and scire facias was duly issued and returned executed as to all except the defendant himself, requiring each to show cause at the next term of said court as to why said judgment nisi should not be made final for $200. — Code, § 6354 et seq.' At the term to which the…
2Cases cited4 opinions
- Kilgrow v. StateSupreme Court of Alabama · 1884
- State ex rel. Fayette County v. EarnestSupreme Court of Alabama · 1898
- State v. HinsonSupreme Court of Alabama · 1843
- Hunt v. StateSupreme Court of Alabama · 1879