Peacock v. People
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Bbown, Judge, presiding.
1Opinion of the CourtChief Justice Sheldon
This was a proceeding by scire facias upon a recognizance. Judgment was rendered against the two sureties in the recognizance, from which they have appealed, assigning various errors. The recognizance was for the appearance of the principal to answer to an indictment for perjury.
Tliere is no force in the objection that the court below allowed an amendment of the scire facias after a demurrer had been sustained thereto.
The .scire facias is regarded as both process and a declaration, and we do not see why it should not be subject to the same rules of amendment as declarations in other cases.…
2Cases cited6 opinions
- Johnston v. PeopleIllinois Supreme Court · 1863
- People v. WatkinsIllinois Supreme Court · 1857
- Plummer v. PeopleIllinois Supreme Court · 1855
- Waugh v. PeopleIllinois Supreme Court · 1856
- People v. PhelpsIllinois Supreme Court · 1855
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3Cited by12 opinions
- National Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- County of Los Angeles v. Metropolitan Casualty Insurance Co.California Court of Appeal · 1933
- The People v. WascherIllinois Supreme Court · 1932
- Marsh Bros. & Co. v. BellefleurSupreme Judicial Court of Maine · 1911
- People v. LewisAppellate Court of Illinois · 1918
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