Legal Opinion

State v. Cornell

Supreme Court of South Carolina

Decided February 2, 1905PublishedCited by 6 opinions

Before Jos. A. McCullough, special Judg'e, Richland, March, 1903. Proceedings in Court of! General Sessions to estreat appearance recognizance in lease of State against Edward Cornell. From Circuit orper, surety, J. M. Quattlebaum, appeals. cite: Bond can-not be enforced against surety after violation of condition of execution: 43 S. C., 504; 9 S. C., 234; 3 S. C., 331. Bond not good zvithout signature of principal: Crim.

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Before Jos. A. McCullough, special Judg'e, Richland, March, 1903. Proceedings in Court of! General Sessions to estreat appearance recognizance in lease of State against Edward Cornell. From Circuit orper, surety, J. M. Quattlebaum, appeals. cite: Bond can-not be enforced against surety after violation of condition of execution: 43 S. C., 504; 9 S. C., 234; 3 S. C., 331. Bond not good zvithout signature of principal: Crim. Code, 84; Brandt on Sur., sec. 151. In order tlrat recognisance be forfeited, accused should be regularly called and fail to appear: 3 Ency. P. & P., 237; 5 Cyc., 130. cite:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

1 This is a proceeding by rule to show cause, in the Court of General Sessions, to' estreat a recognizance, signed by J. M. Quattlebaum. and J. R. Hall as sureties for the appearance of Edward Cornell to answer an indictment in the above stated case for an attempt to. rob and steal from the person. The rule was. not served upon Edward Cornell, the defendant, named in the recognizance as principal, or upon J. R. Hall, one of the sureties, because they could not be found within this State, being served only upon J. M. Quattlebaum, who'…

2Cited by6 opinions

  1. State v. McClintonSupreme Court of South Carolina · 2006
  2. People v. AlmashyMichigan Supreme Court · 1924
  3. State v. BaileySupreme Court of South Carolina · 1966
  4. State v. HarrelsonSupreme Court of South Carolina · 1947
  5. State v. JohnsonSupreme Court of South Carolina · 1907

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