State ex rel. Independence County v. Glenn
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. R. H. Powell Circuit Judge. The reversal of a judgment restores the parties to the same condition in which they were prior to its rendition.
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APPEAL from Independence Circuit Court. Hon. R. H. Powell Circuit Judge. The reversal of a judgment restores the parties to the same condition in which they were prior to its rendition. Freeman on Judgments, see. 481; Harrison v. Trader and wife, 29 Ark., ,97-8. On appeal by the State, the effect of the judgment was suspended, and neither defendant nor his bail could profit by its provisions. 29 Ark., 97-8. The liability of the bail could only cease upon & final discharge of defendant. When the judgment quashing the indictment was reversed, the whole judgment was reversed and held for naught,…
1Opinion of the CourtSmith, J.
One Watts being under indictment for slan- ° der, the appellees entered into a bail-bond, conditioned that he should appear in Independence Circuit Court at its next term to answer said charge and at all times render himself amenable to the orders and process of said Court in said prosecution, and if convicted should render himself in execution thereof. At the following term Watts appeared and demurred to the indictment. The Court sustained the demurrer, quashed the indictment, discharged Watts and exonerated his hail. The State appealed to this Court, where the judgment was reversed and the…
2Cases cited2 opinions
- Lyons v. StateIndiana Supreme Court · 1824
- People v. FeltonNew York Supreme Court · 1860
3Cited by3 opinions
- Miller v. StateSupreme Court of Alabama · 1909
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1927
- State v. BuisSupreme Court of Kansas · 1912