Whitted v. Governor
Supreme Court of Alabama
Error to the Circuit court of Dallas county. Scire facias upon, a forfeited recognizance. At the-fall, term of the Circuit court of said county, eighteen. hundred nnd thirty three, the grand jurors drawn, sworn and charged to inquire for the body of the county of Dallas, on their oaths, presented that Peter Maher, on a certain day in the county aforesaid, upon one John Shields, in the peace of the state, then and there being, feloniously, &c. did make an assault, and with a…
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Error to the Circuit court of Dallas county. Scire facias upon, a forfeited recognizance. At the-fall, term of the Circuit court of said county, eighteen. hundred nnd thirty three, the grand jurors drawn, sworn and charged to inquire for the body of the county of Dallas, on their oaths, presented that Peter Maher, on a certain day in the county aforesaid, upon one John Shields, in the peace of the state, then and there being, feloniously, &c. did make an assault, and with a certain knife, which he, the said Peter Maher, in his left had then and there had and held, the said John Shields, in…
1Opinion of the CourtCollier, C. J.
The plaintiff was sued by scire fa- ' das upon a forfeited recognizance. From the record, we learn that Peter Maher, was convicted in the Circuit court of Dallas, of an assault and battery — that pending his trial, certain questions .of law arose, which being decided against him, were referred to this court, as novel and difficult. With the view to obtain their reference for the opinion of the court, Maher, with the plaintiff as his surety, entered into a recognizance, (as it recites,) “freely, voluntarily, and of their own will and pleasute,” payable to the Governor, in the sum of five…
2Cited by5 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Jenkins v. Lockard's Adm'rSupreme Court of Alabama · 1880
- Burnett v. NesmithSupreme Court of Alabama · 1878
- Probate Court of Central Falls v. AdamsSupreme Court of Rhode Island · 1905
- Headon v. TurnerSupreme Court of Alabama · 1844