Legal Opinion

State v. Davidson

Supreme Court of Missouri

Decided October 15, 1854PublishedCited by 3 opinions

Jlppeal from, Jefferson Circuit Court. Scire facias upon a forfeited recognizance. The case is stated in the opinion of the court. 1. The governor has no power under the constitution to release parties from the obligations of their recognizances. 2. If he has the power, it has not been exercised as to Davidson, whose obligation was distinct from that of Wright.

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Jlppeal from, Jefferson Circuit Court. Scire facias upon a forfeited recognizance. The case is stated in the opinion of the court. 1. The governor has no power under the constitution to release parties from the obligations of their recognizances. 2. If he has the power, it has not been exercised as to Davidson, whose obligation was distinct from that of Wright. Besides, the pardon has reference to a recognizance of Wright to appear in the Franklin Circuit Court, and not in the Jefferson Circuit Court. 1. The discharge of the principal from bis recognizance discharges Ms security. 2. A…

1Opinion of the CourtGamble, Judge

Davidson became bound as the security of one Wright, in a recognizance for the appearance of Wright in the Circuit Court of Jefferson county, to answer an indictment. The recognizance was regularly forfeited, and this scire facias is brought to have execution for the amount. Davidson alone was served, and relies upon a remission of the forfeiture by the governor as his defence. The Circuit Court held it to be a defence.

By the recognizance, Wright, as principal, and Davidson, as security, acknowledged themselves each to be bound to the state of Missouri in the sum of one thousand dollars, for…

2Cited by3 opinions

  1. Commonwealth v. HouseSuperior Court of Pennsylvania · 1899
  2. Dale v. CommonwealthCourt of Appeals of Kentucky · 1897
  3. United States v. ParkerDistrict Court, D. Rhode Island · 1927

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