Dyches v. State
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. Edward H. Vontress. This was a proceeding by scire facias, on a judgment nisi, on a bond taken by a justice of the peace of Williamson county, on December 81st, 1856, from James 0. Eaves, as principal, and Josiah Dyches, Joseph Fish, and Thomas B. Huling, as securities, in $1800, conditioned that said Eaves should appear at the next term of the District Court, of the said county, and from term to térm, and answer to a…
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Appeal from Williamson. Tried below before the Hon. Edward H. Vontress. This was a proceeding by scire facias, on a judgment nisi, on a bond taken by a justice of the peace of Williamson county, on December 81st, 1856, from James 0. Eaves, as principal, and Josiah Dyches, Joseph Fish, and Thomas B. Huling, as securities, in $1800, conditioned that said Eaves should appear at the next term of the District Court, of the said county, and from term to térm, and answer to a charge of murder, committed on the body of John Hays. At the Spring Term of the District Court, of Williamson county, an…
1Opinion of the CourtBell, J.
We are of opinion, that there is no error in the judgment of the court below, for which it ought to be reversed. The record of the proceedings before the justice of the peace, which was sent up to the District Court, showed the circumstances under which the bond was executed, sufficiently to authorize the judgment nisi. The complaint to the magistrate, supported by the affidavit of the party making it, and the warrant issued by the magistrate for the arrest of the accused, ac*269companied the bond, and were before the district judge, when he entered the judgment nisi.
It is true, that the statute…
2Cited by8 opinions
- Bennett v. StateCourt of Criminal Appeals of Texas · 1965
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Taylor v. StateCourt of Appeals of Texas · 1884
- Jones v. WellsCourt of Appeals of Texas · 1886
- Swaim v. StateCourt of Criminal Appeals of Texas · 1973
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