Carmody v. State

Niblack, C. J. —

This was an action by the State against Martin Carmody as principal in, and Christina ’Wehmeyer and Patrick Carmody as sureties upon, a forfeited recognizance.

Process was not served upon Martin Carmody, and there was no appearance by him to the action. The sureties answered in four paragraphs. Demurrers were sustained to all the paragraphs of answer, and, the sureties refusing to plead further, final judgment was rendered against them for the full penalty of the recognizance.

It is first claimed that the complaint was bad, and that, in consequence, the circuit court erred in…