Legal Opinion

Mather v. People

Illinois Supreme Court

Decided November 15, 1850PublishedCited by 4 opinions

Elisha W. Dunn, on the eleventh day of February, 1850, entered into a recognizance before Charles Cook, a justice of the peace for Madison county, with Andrew Mather, the plaintiff' in error, as his surety, to appear at the next term of the" Madison Circuit Court, to answer a charge of having in his possession counterfeit coin, and apparatus for making the same.

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Elisha W. Dunn, on the eleventh day of February, 1850, entered into a recognizance before Charles Cook, a justice of the peace for Madison county, with Andrew Mather, the plaintiff' in error, as his surety, to appear at the next term of the" Madison Circuit Court, to answer a charge of having in his possession counterfeit coin, and apparatus for making the same. At the next term of the said Court, being the March term, 1850, an indictment for counterfeiting was found against said Dunn, and he failing to appear, the recognizance was forfeited, and a scire facias ordered, returnable to the next…

1Opinion of the CourtTrumbull, J.

This case presents the question, whether the death of the principal, subsequent to a forfeiture of his recognizance, discharges the bail.

The statute declares, R. S., ch. 30, §196: “In all cases of bail for the appearance of any person or persons charged with any criminal offence, the security or securities of such person may, at any time before judgment is rendered upon scire facias to show cause why execution should not issue against such security or securities, seize and surrender such person or persons, charged as aforesaid, to the sheriff of the county wherein the recognizance shall be…

2Cases cited1 opinion

  1. Olcott v. LillyNew York Supreme Court · 1809

3Cited by4 opinions

  1. State v. WarwickIndiana Court of Appeals · 1892
  2. Keyes v. BennettIllinois Supreme Court · 1905
  3. State v. LeoSupreme Judicial Court of Maine · 1930
  4. Keyes v. BennettAppellate Court of Illinois · 1905

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