State v. Railey
Supreme Court of Missouri
Error to Cooper Circuit Court. This was a scire facias upon an alleged recognizance. The defendants filed two pleas : 1. That there was no such record (mil tiel record). 2. That the supposed recognizance was taken upon the voluntary appearance of the principal and sureties before the justice of the peace, and without any adjudication made by the justice of the peace to authorize the taking of the same, and therefore that said supposed recognizance was void.
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Error to Cooper Circuit Court. This was a scire facias upon an alleged recognizance. The defendants filed two pleas : 1. That there was no such record (mil tiel record). 2. That the supposed recognizance was taken upon the voluntary appearance of the principal and sureties before the justice of the peace, and without any adjudication made by the justice of the peace to authorize the taking of the same, and therefore that said supposed recognizance was void. At the March term, 1864, the cause was, by consent, submitted to the court for trial, and the State offered as evidence the supposed…
1Opinion of the CourtBates, Judge
This was a scire facias upon a recognizance taken by a justice of the peace and returned to the Circuit Court, where it was forfeited, and scire facias issued against principal and sureties, who pleaded, 1st, nul tiel record; and, 2d, that the recognizance was taken upon the voluntary appearance of the principal and sureties before the said justice of the peace, and without any adjudication made by him to authorize the taking of the same.
At the trial, execution was awarded against the defendants, who have brought up the case by writ of error. The transcript of the docket of the justice is as…
2Cited by7 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Vansickle v. BrownSupreme Court of Missouri · 1878
- Brady v. StiltnerWest Virginia Supreme Court · 1895
- Lindsey v. CouchSupreme Court of Oklahoma · 1908
- Jones v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
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