Havis v. State
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court, Watson District. John M. Eleiott, Judge. STATEMENT BY THE COURT. The grand jury of Jefferson county in 1891 indicted W. J. Hancock for the crime of assault with intent to kill. Thereupon the circuit judge made and signed the following indorsement upon the indictment, to-wit: “Bail will be received in this case in the sum of one thousand dollars.”
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Appeal from Lincoln Circuit Court, Watson District. John M. Eleiott, Judge. STATEMENT BY THE COURT. The grand jury of Jefferson county in 1891 indicted W. J. Hancock for the crime of assault with intent to kill. Thereupon the circuit judge made and signed the following indorsement upon the indictment, to-wit: “Bail will be received in this case in the sum of one thousand dollars.” Hancock was arrested, and gave bond in the sum of $1,000 for his appearance, with the appellants, Ferd Havis and Alvah Collier, as his sureties. Afterwards, on 23rd of November, 1891, the venue was, upon Hancock’s…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This is an appeal by the sureties upon a forfeited bail bond from a judgment rendered against‘them upon such bond. Several reasons are urged by counsel why such judgment should be reversed, but we are of opinion that none of them are tenable.
The statutes of this state concerning bail bonds ^ ... evince an unmistakable intention on the part of the legislature to dispense with all merely technical defenses by the obligors in such bonds, and to compel the courts to consider only those defenses that affect the substantial rights of the parties. Sand. & H.…
2Cases cited6 opinions
- State v. MerrihewSupreme Court of Iowa · 1877
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- Wheeler v. StateTexas Supreme Court · 1873
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- Brown v. PeopleIllinois Supreme Court · 1861
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3Cited by8 opinions
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- Collins v. CommonwealthSupreme Court of Virginia · 1926
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