State v. Rhonimus
Mississippi Supreme Court
Error to the circuit court of Grenada county. Niles, J. The following is the only error assigned: I. The court erred in sustaining the demurrer of the defendants to the scire facias. 1. A scire facias or a judgment nisi rendered on a forfeited recognizance is to be regarded as a declaration as well as a process, and it is amendable as other pleadings.
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Error to the circuit court of Grenada county. Niles, J. The following is the only error assigned: I. The court erred in sustaining the demurrer of the defendants to the scire facias. 1. A scire facias or a judgment nisi rendered on a forfeited recognizance is to be regarded as a declaration as well as a process, and it is amendable as other pleadings. Curry v. the State, 39 Miss. 511. 2. Being thus held a declaration and a process framed and issued by the clerk, it is cerrainly entitled to all the liberal construction as to sufficiency as a declaration or process in ordinary cases. 3. The…
1Opinion of the Court
Tarbell J.:
This case comes to this court from the decision of the circuit court of Grenada county, upon, a demurrer to *317scire facias. The writ was issued to the sheriff of that county commanding him to summons Ellen Rhonimus, principal, and S. S. Fairfield and Mrs. L. C. Saddler, sureties, in a recognizance, etc., to show cause why a judgment nisi therein should not be made final, and for execution. The scire facias recites that, whereas, Ellen Rhonimus, had been “ recognized to appear at the said circuit court, “ to answer unto the state of Mississippi, on a charge of assault and battery with…
2Cases cited2 opinions
- Ditto v. StateMississippi Supreme Court · 1872
- Fields v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
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