Farris v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Macoupin county ; the Hon. Edward Y. Bice, Judge, presiding. This was a suit by scire facias, brought by the people of the State, in the Macoupin Circuit Court, against George W. Farris, Stephen Sawyer, Warren Sawyer, William B. Mitchell, John Higgins and JohnWright.
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Writ op Error to the Circuit Court of Macoupin county ; the Hon. Edward Y. Bice, Judge, presiding. This was a suit by scire facias, brought by the people of the State, in the Macoupin Circuit Court, against George W. Farris, Stephen Sawyer, Warren Sawyer, William B. Mitchell, John Higgins and JohnWright. It is averred in the scire facias, that George W. Farris, with others, was taken before a justice of the peace on a criminal charge of aiding, abetting and being accessory to the shooting of one Jasper Smith, and that after inquiring in regard thereto, the justice of the peace adjudged George…
1Opinion of the CourtJustice Scott
The writ of scire facias, on a recognizance, stands in the place of both the summons and declaration in the case, and, like the declaration in any other case, should contain every material allegation necessary to a recovery. Thomas v. The People, 13 Ill. 696; Lawrence v. The People, 17 Ill. 172.
If there is a variance between the recognizance and the conditional judgment entered therein, as set out in the scire facias, and that offered in evidence, it will be fatal, and the variance may be taken advantage of under the plea of nul tiel record. Slaten et al. v. The People, 21 Ill. 29.
The…
2Cases cited5 opinions
- Kennedy v. PeopleIllinois Supreme Court · 1854
- Chumasero v. PeopleIllinois Supreme Court · 1857
- Conner v. PeopleIllinois Supreme Court · 1858
- Thomas v. PeopleIllinois Supreme Court · 1852
- Lawrence v. PeopleIllinois Supreme Court · 1855
3Cited by5 opinions
- Brown v. PeopleAppellate Court of Illinois · 1887
- People v. LewisAppellate Court of Illinois · 1918
- People v. DorrisAppellate Court of Illinois · 1911
- Briggs v. PeopleAppellate Court of Illinois · 1883
- People v. ClinninAppellate Court of Illinois · 1957