Walton v. People

This was a proceeding by scire facias on a forfeited recognizance. There was judgment for the people. Various errors are assigned, but the only point we deem it necessary to consider arises upon the refusal of the court to admit certain evidence offered by the appellant. That offer was to prove that before the forfeiture of the recognizance the principal had surrendered himself to the sheriff of the proper county, and that the fact was made known to the sureties. The offer was rejected, and the ruling of the court is now defended upon the ground that a surrender can not be made efficient…