Brown v. State
Texas Supreme Court
Appeal from. Navarro. W. H. and T. B. Powell as principals, and D. M. Brown and A. L. Brooks as their sureties, were recognized at the July Term of the District Court of Navarro county for the appearance of the Powells at the November Term to answer an indictment for theft of yearling cattle. No bond was executed. This recognizance was at the same term forfeited and judgment nisi entered.
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Appeal from. Navarro. W. H. and T. B. Powell as principals, and D. M. Brown and A. L. Brooks as their sureties, were recognized at the July Term of the District Court of Navarro county for the appearance of the Powells at the November Term to answer an indictment for theft of yearling cattle. No bond was executed. This recognizance was at the same term forfeited and judgment nisi entered. The following scire facias was issued and served on Brown, against whom final judgment was rendered at the November Term following, viz: “ The State oe Texas, 1 “ Navarro county, j “ To the sheriff of said…
1Opinion of the Court
Roberts, Chief Justice.
The judgment nisi and the recognizance upon which it is founded seem to be in proper form. The subsequent proceedings, to wit, the scire facias and the final judgment are not, and should be set aside, *351and another scire facias should be issued upon the judgment nisi.
The scire facias is defective in not stating such facts as would have justified the rendition of a final judgment upon default of an answer. It should state enough to answer the purpose of a petition and a writ of citation also. (Boone v. Roberts, 1 Tex., 152; Harrison v. The State, 3 Tex., 190; Lawton et al.…
2Cases cited1 opinion
- Horn v. StateTexas Supreme Court · 1848
3Cited by8 opinions
- Curfman v. StateCourt of Criminal Appeals of Texas · 1917
- Arrington v. StateCourt of Appeals of Texas · 1883
- Cowen v. StateCourt of Appeals of Texas · 1878
- Goodin v. StateCourt of Appeals of Texas · 1883
- Hedrick v. StateCourt of Appeals of Texas · 1878
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