Legal Opinion

Morehead v. State

Supreme Court of Kansas

Decided July 15, 1878PublishedCited by 1 opinion

• Error from Brown District Court. One Brierly had a preliminary examination before a justice of the peace, upon a criminal charge, and was held to bail for ,his appearance at the next term of the district court. A recognizance was given, with ^Samuel Morehead and A. JET. Anderson as sureties. Brierly failed to appear, and his recognizance was forfeited at the April Term 1876 of the district court.

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• Error from Brown District Court. One Brierly had a preliminary examination before a justice of the peace, upon a criminal charge, and was held to bail for ,his appearance at the next term of the district court. A recognizance was given, with ^Samuel Morehead and A. JET. Anderson as sureties. Brierly failed to appear, and his recognizance was forfeited at the April Term 1876 of the district court. And 'thereupon, at said term, the county attorney brought this action on said recognizance in the name of The State against Morehead and Anderson. Trial at the April Term 1877. Findings and…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Action on a forfeited recognizance. Three defenses were interposed, of which one, and one only, seems, to us of any validity. It is claimed that the action was prematurely brought, having been commenced during the term at which the forfeiture was taken. Section 153 of ch. 82, Gen. Stat., reads:

“The prosecuting attorney may, at any time after the adjournment of the court, proceed by action against the bail upon the recognizance. Said action shall be governed by the rules of civil pleading, as far as applicable.”

Granting authority to do an act…

2Cited by1 opinion

  1. State v. SmithSupreme Court of Kansas · 1910

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