Barringer v. State
Texas Supreme Court
Appeal from Victoria. Tried below before the, Hon. Fielding Jones. > The appellant was surety on the bail bond of John Kesler, who, on the 7th of June, 1858, was, by a justice of the peace of Victoria county, “ held to bail in the sum of five hundred dollars, with good security, to appear at the next District Court to answer” a charge “ of having committed an assault and battery with a deadly weapon upon Joseph Arnst, on 5th day of June, 1858, with intent to kill.”
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Appeal from Victoria. Tried below before the, Hon. Fielding Jones. > The appellant was surety on the bail bond of John Kesler, who, on the 7th of June, 1858, was, by a justice of the peace of Victoria county, “ held to bail in the sum of five hundred dollars, with good security, to appear at the next District Court to answer” a charge “ of having committed an assault and battery with a deadly weapon upon Joseph Arnst, on 5th day of June, 1858, with intent to kill.” The penal -clause of the bond taken by the sheriff was as follows : “ Know all men by these presents that we,' John Kesler as…
1Opinion of the CourtMoore, J.
The scire facias in this case should have been quashed, and the judgment nisi set aside, because they essentially vary from the terms of the bond upon which they are founded. The appellant is, by the bond, only bound in the penal sum of five hundred dollars, yet the judgment nisi against him is for the sum of one thousand dollars. The scire facias and judgment nisi recite a bond with altogether different conditions from that executed by the appellant.
The motion to quash the bond should, also, have been sustained. It does not conform to the order of the committing court. The sheriff had no…
2Cited by10 opinions
- Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
- Roberts v. StateSupreme Court of Kansas · 1885
- Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
- Turner v. StateCourt of Appeals of Texas · 1883
- Neblett v. StateCourt of Appeals of Texas · 1879
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