Legal Opinion

Lamb v. State

Supreme Court of Georgia

Decided October 21, 1884PublishedCited by 5 opinions

Practice in Superior Court. Criminal Law. Principal and Surety. Bonds. Before Judge Willis. Taylor Superior Court. April Term, 1884. J. E. Lamb was tried before a magistrate and bound over for hiring laborers to be employed without the state without a license. He gave bond to appear “ at the next term of Taylor superior court,” to answer such indictment as the grand jury might find against him.

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Practice in Superior Court. Criminal Law. Principal and Surety. Bonds. Before Judge Willis. Taylor Superior Court. April Term, 1884. J. E. Lamb was tried before a magistrate and bound over for hiring laborers to be employed without the state without a license. He gave bond to appear “ at the next term of Taylor superior court,” to answer such indictment as the grand jury might find against him. At the next term of court, one panel of the traverse jurors was discharged, and the judge passed the following order, which was placed on the minutes: “ There being a number of cases on the common law,…

1Opinion of the Court

Jackson, Chief Justice.

The question made by this record is, whether, after one panel of the traverse jurors has been discharged for the term and all cases, including criminal cases, have been continued, the solicitor general can proceed to forfeit the recognizance and issue scire facias returnable to the next term, and then at that term have final judgment of forfeiture against the surety, the principal not appearing at either term.

1. Section 4702 of the Code declares that “no recognizances in criminal cases, called out of the regular order in which they appear on the docket, shall be…

2Cases cited1 opinion

  1. Colquitt v. SmithSupreme Court of Georgia · 1880

3Cited by5 opinions

  1. Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
  2. Perkins v. TerrellCourt of Appeals of Georgia · 1907
  3. State v. SlaughterSupreme Court of Georgia · 1980
  4. Boozer v. City of AtlantaCourt of Appeals of Georgia · 1916
  5. Slaughter v. StateCourt of Appeals of Georgia · 1980

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