Butler v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Medina. Tried below before Hon. Thos. M. Paschal. This was a scire facias, upon a forfeited bail bond. In answer to the writ, the parties answered that the bond had been altered by some one unauthorized to change the same. The court held the answer insufficient in law, and rendered judgment declaring the judgment nisi final against the principal and sureties for the sum of $500.
1Opinion of the Court
DAVIDSON, Judge.
Appellants were sureties upon the bail bond of one J. B. Nite. The bond was executed in January, 1891, requiring the presence of the principal before the District Court of Medina County on the thirteenth Monday after the first Monday in March, 1890, instead of 1891, as it should have been. Upon default by the principal, the bond was forfeited. The sureties, upon being cited, appeared and answered, and admitting the execution of the bond, they pleaded in avoidance the alteration of the bond subsequent to their signing it. This alteration consisted in changing the time of…
2Cited by4 opinions
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- Wall v. StateCourt of Criminal Appeals of Texas · 1959
- Milliorn v. StateCourt of Criminal Appeals of Texas · 1942
- General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913