Ellison v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Sci. fa. upon a forfeited recognizance. The sci. fa. sets out the judgment on the recognizance, which recites, that at the March term, 1844, it appeared to the Court, that the defendant, (David A. Armstrong,) together with John Murphy, R. W. Armstrong, and Robert Ellison, had, before Zachary Whandby and Samuel Gilmer, justices, &c. acknowledged themselves to owe, and be indebted to Benjamin Fitzpatrick, Governor of the State of…
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Writ of Error to the Circuit Court of Dallas. Sci. fa. upon a forfeited recognizance. The sci. fa. sets out the judgment on the recognizance, which recites, that at the March term, 1844, it appeared to the Court, that the defendant, (David A. Armstrong,) together with John Murphy, R. W. Armstrong, and Robert Ellison, had, before Zachary Whandby and Samuel Gilmer, justices, &c. acknowledged themselves to owe, and be indebted to Benjamin Fitzpatrick, Governor of the State of Alabama, and his successors, &c. in the sum of five hundred dollars each, to be levied, &c. to be void if the said David…
1Opinion of the CourtGoldthwaite, J.
1. If we are to understand from the record, that oyer was given of the recognizance, then all the questions presented here, arose upon the demurrer; but if it is to be understood otherwise, they must be considered in the examination of the evidence offered to sustain the issue of [nul tiel recognizance. When the recognizance is inspected, we find, that the recognizors bound themselves, that David A. Armstrong should make his personal appearance at the fall term of the Circuit Court of Dallas, for the year 1843, to answer to a charge of the State, for an assault and battery, upon one David…
2Cases cited3 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Green & Green v. Ovington & BleeckerNew York Supreme Court · 1819
- Robinson v. StateSupreme Court of Alabama · 1843
3Cited by6 opinions
- Weems & Waldo v. WatsonTexas Supreme Court · 1897
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Loring v. WittichSupreme Court of Florida · 1878
- Knight v. State Ex Rel. HenrySupreme Court of Oklahoma · 1913
- Browder v. StateSupreme Court of Alabama · 1846
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