Banta v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of DeWitt county; the Hon. John M. Scott, Judge, presiding. This was a scire facias on a recognizance, entered into by Jonathan Way, with Jordan Banta and Tillman Lane as sureties, for his appearance at the November term, 1868, of the DeWitt circuit court, to answer a charge of manslaughter.
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Writ op Error to the Circuit Court of DeWitt county; the Hon. John M. Scott, Judge, presiding. This was a scire facias on a recognizance, entered into by Jonathan Way, with Jordan Banta and Tillman Lane as sureties, for his appearance at the November term, 1868, of the DeWitt circuit court, to answer a charge of manslaughter. The principal having failed to appear, according to the exigency of the bond, the recognizance was declared forfeited, and a scire facias issued against the sureties, but not against the principal, upon which judgment by default was entered; and to reverse this judgment,…
1Opinion of the CourtJustice Walker
It appears that Way was taken before a circuit judge on a writ of habeas corpus, who required him to enter into a recognizance, with security in the sum of two thousand dollars, to answer a charge of manslaughter at the next term of the circuit court. He, with Jordan Banta and Tillman Lane, executed a recognizance before two justices of the peace of DeWitt county, by which they acknowledge themselves to owe the people, “the said Jonathan Way, the sum of two thousand dollars, and the said Jordan Banta and Tillman Lane each the sum of two thousand dollars, respectively.” The principal having…
2Cases cited3 opinions
- Kennedy v. PeopleIllinois Supreme Court · 1854
- Chumasero v. PeopleIllinois Supreme Court · 1857
- Thomas v. PeopleIllinois Supreme Court · 1852
3Cited by8 opinions
- National Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- State v. SorensenUtah Supreme Court · 1916
- Brown v. PeopleAppellate Court of Illinois · 1887
- Lane v. PeopleIllinois Supreme Court · 1875
- People v. TidmarshAppellate Court of Illinois · 1904
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