Brown v. People
Appellate Court of Illinois
Appeal from the Criminal Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from the judgment of the Criminal Court of Cook County against appellant, M. D. Brown, in a proceeding by scire facias upon a recognizance executed and taken before a Justice of the Peace, March 21,1885, by Samuel Gold-stein as principal and said Brown as surety, in the sum of $500, containing the following condition: “ Whereas, the above bounden Samuel Goldstein, on…
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Appeal from the Criminal Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from the judgment of the Criminal Court of Cook County against appellant, M. D. Brown, in a proceeding by scire facias upon a recognizance executed and taken before a Justice of the Peace, March 21,1885, by Samuel Gold-stein as principal and said Brown as surety, in the sum of $500, containing the following condition: “ Whereas, the above bounden Samuel Goldstein, on the 21st day of March, A. D. 1885, was brought before Edward A. Fisher, a Justice of the Peace in and for the county…
1Opinion of the CourtMcAllister, J.
It is well settled law in this State that, in order to maintain a proceeding by sci/re facias for final judgment upon a recognizance, a regular judgment of forfeiture, rendered prior to the commencement of such proceeding, must be shown. Thomas v. People, 13 Ill. 696; Kennedy v. People, 15 Ill. 418; Cable v. People, 46 Ill. 467; Banta v. People, 53 Ill. 434; Farris v. People, 58 Ill. 26.
In conformity with that rule the soil's facias avers that on the day named in the reognizance, Goldstein (the principal) being then and there three times solemnly called to answer the charge preferred against…
2Cases cited11 opinions
- People v. KaneNew York Supreme Court · 1847
- Park v. StateSupreme Court of Georgia · 1848
- Kennedy v. PeopleIllinois Supreme Court · 1854
- Banta v. PeopleIllinois Supreme Court · 1870
- Smith v. TaylorWashington Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. LambertWest Virginia Supreme Court · 1898
- Winans v. ThorpAppellate Court of Illinois · 1900
- People v. TidmarshAppellate Court of Illinois · 1904
- Hesselgrave v. StateNebraska Supreme Court · 1902
- People v. SchulzeAppellate Court of Illinois · 1956