State v. Woodward
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. H. O. Riley, Judge. (1) The pretended recognizance was not taken as authorized by law, and is not a valid recognizance. The court did not fix the amount of the bail. The clerk did undertake to fix it, but he had no right to do so, unless the judge was absent from the county, and this, if true, must appear in his indorsement. Hence, the sheriff had no authority to take the bond..
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Appeal from Mississippi Circuit Court. — Hon. H. O. Riley, Judge. (1) The pretended recognizance was not taken as authorized by law, and is not a valid recognizance. The court did not fix the amount of the bail. The clerk did undertake to fix it, but he had no right to do so, unless the judge was absent from the county, and this, if true, must appear in his indorsement. Hence, the sheriff had no authority to take the bond.. State v. Pratt, 148 Mo. 407. (2) The pretended recognizance was not certified nor filed, as required by law. There is no certificate upon the bond, nor is there any file…
1Opinion of the Court
GANTT, J".
This is an appeal from a judgment upon a forfeited recognizance in a felony case in the circuit court of Mississippi county.
The scire facias had been duly served and defendants answered specially.
“Further answering, the defendants especially deny that the clerk of the circuit court of said Mississippi county ever had authority to fix the amount of bail to be given by A. P. Woodward, and deny that the sheriff had the authority to take and approve the said pretended bond, and deny that the sheriff did take, approve or return the said bond, and deny that he ever certified and filed…
2Cases cited1 opinion
- State v. PrattSupreme Court of Missouri · 1899
3Cited by6 opinions
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- People v. CarreroDistrict Court, Virgin Islands · 1955
- State v. GrantSupreme Court of Missouri · 1913
- State v. SimmonsSupreme Court of Missouri · 1920
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