Legal Opinion

Hendon v. State

Supreme Court of Alabama

Decided June 15, 1873Published

Appeal from the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The following are the assignments of error in this case : — “ 1. The bail-bond was not executed according to law, and the judgment thereon is erroneous. •“ 2. The bail-bond was not signed by the principal defendant, nor was it attested by witnesses, and the judgment thereon is error.

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Appeal from the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The following are the assignments of error in this case : — “ 1. The bail-bond was not executed according to law, and the judgment thereon is erroneous. •“ 2. The bail-bond was not signed by the principal defendant, nor was it attested by witnesses, and the judgment thereon is error. “ 3. The judgment rendered on the 11th day of March, 1872, for two hundred and fifty dollars, was error, the bond being for only one hundred and fifty dollars. “ 4. The judgment which is set out on page ten of the transcript ought to…

1Opinion of the CourtB. F. Saffold, J.

— The appeal is from a final judgment on a forfeited undertaking of bail. There is no bill of exceptions. It seems that upon a return of a sci. fa. executed on the sureties, and “ not found ” as to the principal, the court rendered judgment final against those served. Afterwards, at the same term, this judgment was set aside; but the clerk omitted to enter up either the judgment final, or the order setting it aside. One of the errors assigned is the refusal of the court to require the clerk to enter the matters thus omitted. We cannot see how the appellants are prejudiced by such refusal or…

2Cases cited1 opinion

  1. Richardson v. StateSupreme Court of Alabama · 1858

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