Lawrence v. People
Illinois Supreme Court
A scire facias was issued out of the Circuit Court of Madison county, Illinois, on the 23rd day of August, 1855, setting forth, that, on the 12th day of March, A. D. 1855, Thos.
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A scire facias was issued out of the Circuit Court of Madison county, Illinois, on the 23rd day of August, 1855, setting forth, that, on the 12th day of March, A. D. 1855, Thos. J. Lawrence, John P. Lawrence and Thomas H. Lawrence did personally appear before John A. Maxey, an acting justice of the peace of said county, duly elected, commissioned and qualified, and then and there, before said justice of the peace, did enter into, sign, seal and deliver, a certain recognizance, which recognizance is set out in full in said scire facias, to which the justice attached the following certificate:…
1Opinion of the CourtSkinneb, J.
This was a scire facias upon a recognizance. Thomas H. Lawrence, one of the cognizors, appeared and demurred to the scire facias. The demurrer was overruled, judgment of execution rendered against him, and the suit was continued as to the other cognizors, who were not served.
objected that the scire facias is insufficient, because it does not contain an averment that the obligation was approved by the justice of the peace before whom it was taken. The obligation is set out in the scire facias, and shows on its face the following certificate:
“ Taken and acknowledged before me, this 12th day of…
2Cases cited1 opinion
- Bacon v. PeopleIllinois Supreme Court · 1853
3Cited by4 opinions
- Farris v. PeopleIllinois Supreme Court · 1871
- People v. MeachamIllinois Supreme Court · 1874
- People v. LewisAppellate Court of Illinois · 1918
- People v. DorrisAppellate Court of Illinois · 1911