Allen v. People

This writ of scire facias was issued upon a judgment of forfeiture against "William H. Durbin, principal in the recognizance, and appellant, his security; the latter alone appeared and pleaded to the scire facias, nul tiel record. A trial upon this issue was had. The court entered judgment against defendants for §100, the amount named in the recognizance, and Alien brings up the record by appeal, and asks to have said judgment reversed.

The first objection urged is that in the scire facias it is averred the condition of the recognizance required William H. Durbin, personally to be and appear,…