State v. Smith

"Woods, Judge:

The question presented here goes to the sufficiency of the scire facias. There was a default judgment taken against the sureties on a recognizance bond, and before the end of the term the sureties appeared and moved the Court to set aside the judgment “because the same is of no lawful effect and because of the insufficiency of the notice upon which the same was entered.” This motion was overruled. To this action of the Court they come here on writ of error.

The motion made by the sureties goes to the sufficiency of the pleading, and will be treated here as a demurrer. Garland v.…