Legal Opinion

Brown v. People

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 3 opinions

A writ of scire facias upon a bail bond in a criminal case, was issued from the Warren Circuit Court, against Levi Marquet and George W. Brown, which was returned to said Warren Circuit Court, served upon the said George W. Brown, and returned non est inventus as to Marquet.

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A writ of scire facias upon a bail bond in a criminal case, was issued from the Warren Circuit Court, against Levi Marquet and George W. Brown, which was returned to said Warren Circuit Court, served upon the said George W. Brown, and returned non est inventus as to Marquet. The defendant, Brown, filed several pleas to scire facias; to all which pleas, except the plea of the general issue, the plaintiff below filed a general demurrer, which demurrer was after-wards sustained by said court to all of the pleas. Thereupon, by leave of the court, the defendant below withdrew his plea of general…

1Opinion of the CourtBreese, J.

This is an action commenced by scire facias upon a recognizance of record. The scire facias contains all the necessary averments, and requires the parties to appear and show cause why final judgment should not be entered against them, on failure of Marquet, the party indicted, to appear and answer to the indictment. The recognizance was to appear at the April term, 1857, of the Warren Circuit Court, and entered into at the November term, 1856. In the winter of 1856-7, the legislature changed the time of holding that court to March, at which term the recognizance was forfeited, and a…

2Cited by3 opinions

  1. State v. BroomOregon Supreme Court · 1927
  2. State v. Sureties of KrohneWyoming Supreme Court · 1893
  3. Havis v. StateSupreme Court of Arkansas · 1896

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