Badger v. State
Supreme Court of Alabama
Whit of Error to the Circuit Court of Jefferson. The plaintiff in error, Clayton, was indicted for exhibiting “ for hire, a circus, without obtaining a license from the clerk of the County Court” of Jefferson, and failing to appear, a judgment nisi was rendered against him and Badger, his co-plaintiff, who had previously entered into a recognizance with him as a surety; conditioned that he would appear at the Circuit Court, &c.
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Whit of Error to the Circuit Court of Jefferson. The plaintiff in error, Clayton, was indicted for exhibiting “ for hire, a circus, without obtaining a license from the clerk of the County Court” of Jefferson, and failing to appear, a judgment nisi was rendered against him and Badger, his co-plaintiff, who had previously entered into a recognizance with him as a surety; conditioned that he would appear at the Circuit Court, &c. On this judgment an original and alias scire facias were issued; and the first returned « executed” as to Badger, and both “ not found” as to Clayton. And thereupon…
1Opinion of the CourtCollier, C. J.
1. It appears from the record that an affidavit was made before a justice of the peace of Jefferson, that Clayton had exhibited a circus for pay, without first obtaining a license from the clerk of the County Court; thereupon a warrant was issued for his arrest, &c. Then follows a recognizance in usual form, save only that the name of the surety is not inserted in its body, and it is not attested by the justice, but is preceded with the following statement: “ And on the thirtieth day of November, in the year of our Lord one thousand eight hundred and forty, the said John Clayton, together…
2Cited by6 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Stevens v. HertzlerSupreme Court of Alabama · 1896
- Browder v. StateSupreme Court of Alabama · 1846
- Hall v. StateSupreme Court of Alabama · 1846
- Gresham v. StateSupreme Court of Alabama · 1872
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