Saunders v. State
Court of Criminal Appeals of Texas
Appeal from District Court, Coolie County, C. R. Pearman, Judge. Scire facias on bail bond by the State against Owen Saunders and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDavidson, P. J.
[1] This is a scire facias case. The record discloses that the principal gave bond, which was forfeited. None of the sureties were served by citation to answer the forfeiture except one, but judgment final was taken against all of the sureties. The authorities sustain the proposition, contended for' by appellants, that where there are more parties than one on the bond, and the sureties have not all been served, a judgment cannot be rendered against them, even by default. Some disposition must be made in the judgment of those not served. This is done by a dismissal of those not served if a…
2Cases cited4 opinions
- Porch v. StateCourt of Criminal Appeals of Texas · 1907
- Stephens v. StateCourt of Criminal Appeals of Texas · 1906
- Anderson v. StateCourt of Criminal Appeals of Texas · 1918
- Cravey v. StateCourt of Appeals of Texas · 1888
3Cited by2 opinions
- Dunn v. StateCourt of Criminal Appeals of Texas · 1932
- Briggs v. StateCourt of Criminal Appeals of Texas · 1920