State v. McElhaney
Missouri Court of Appeals
Appeal from the Newton County Circuit Court, P. H. Edwards, Judge. The circuit court erred in permitting appellee to read in evidence the recognizance, because it varies from the one recited in the order of forfeiture and scire facias, and because it is void on its face, for the reason it requires Miller to do an impossible thing, viz.: to appear before the circuit court of Newton county on the second Monday in February, 188%. 1 Pars. Cont. (5 Ed.) 459 ; 2 Id.
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Appeal from the Newton County Circuit Court, P. H. Edwards, Judge. The circuit court erred in permitting appellee to read in evidence the recognizance, because it varies from the one recited in the order of forfeiture and scire facias, and because it is void on its face, for the reason it requires Miller to do an impossible thing, viz.: to appear before the circuit court of Newton county on the second Monday in February, 188%. 1 Pars. Cont. (5 Ed.) 459 ; 2 Id. (5 Ed.) 673 ; 1 Story, Cont. (4 Ed.) 565 sect. 462 ; 1 Wait, Act. &Def. 186, sect. 15; The Biate v. Hopldns, 30 Mo. 404. The second…
1Opinion of the CourtThompson, J.
This is a proceeding by scire facias on a forfeited recognizance in a criminal case. The issues were submitted to the court and judgment was rendered in favor of the state to the use of the school fund of the county for the sum of six hundred dollars and interest, according to the terms of the obligation.
Three points are relied upon by the appellants.
I. That the circuit court erred in permitting the state to read in evidence the recognizance, because it *586varies from the one recited in the order of forfeiture and scire facias. We see nothing substantial in this objection. The recognizance…
2Cases cited4 opinions
- Palms v. Shawano CountyWisconsin Supreme Court · 1884
- State v. RandolphSupreme Court of Missouri · 1856
- State v. NelsonSupreme Court of Missouri · 1859
- State v. FergusonSupreme Court of Missouri · 1872
3Cited by7 opinions
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- State v. WilsonSupreme Court of Missouri · 1915
- State ex rel. Gibson v. LaySupreme Court of Missouri · 1895
- Sweeney v. KarskyNevada Supreme Court · 1899
- State v. WatsonMissouri Court of Appeals · 1893
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