Curry v. State
Mississippi Supreme Court
Error to Adams circuit court. Cassidy, J. A recognizance was taken by a justice of the peace for the .appearance of one McKeevin to answer a charge of forgery. Curry, the plaintiff in error, was surety.
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Error to Adams circuit court. Cassidy, J. A recognizance was taken by a justice of the peace for the .appearance of one McKeevin to answer a charge of forgery. Curry, the plaintiff in error, was surety. The recognizance was conditioned for the appearance of McKeevin “ at the next term of the circuit court of Adams county, to be holden at the courthouse thereof, in the city of Natchez, on the first Monday of May next, 1859.” The time of holding said term was the sixth Monday after the fourth Monday in March, which in that year was the second Monday in May. A judgment nisi having been entered…
1Opinion of the Court
Per Curiam :
The first error assigned is the refusal of the court to quash the scire facias, upon the ground that the recognizance was void.
The recognizance was conditional for the appearance of defendant below “ at the next term of the circuit court,” to be held, &c., “ on the first Monday in May next, 1859.”
The scire facias recited a recognizance to appear “ on the sixth Monday after the fourth Monday in March, being the second Monday in May.”
The recognizance was not void. See Code, 139, art. 201; lb., 620, art. 291; lb., 632, art. 368.
Second and third. The plea of nul tiel record was…
2Cited by3 opinions
- Washington v. StateMississippi Supreme Court · 1910
- Territory of Oklahoma Ex Rel. Thacker v. ConnerSupreme Court of Oklahoma · 1906
- Tucker v. StateMississippi Supreme Court · 1877