O'Brien v. People
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was a proceeding by scire facias upon a recognizance, which was entered into by Sylvester Empie, as principal, and William W. O’Brien and Thomas Cratty, as sureties.
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Appeal from the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was a proceeding by scire facias upon a recognizance, which was entered into by Sylvester Empie, as principal, and William W. O’Brien and Thomas Cratty, as sureties. The recognizance was conditioned for the appearance of “ John ” Empie at the next term of the Circuit Court of Peoria county, on the first day thereof, to answer to an indictment to be preferred against him for larceny, and to do and receive what should by the court be then and there enjoined upon him, and should not depart without…
1Opinion of the CourtChief Justice Walker
It is urged as a ground of reversal, that there is no evidence that the recognizance was ever filed or became a matter of record in the court below. It is true, that the bill of exceptions fails to show that it was ever filed in the Circuit Court; but no objection was taken to its introduction on that ground. If the objection existed, as a matter of fact, we can hardly suppose that it would not have been specially made. Finding no such, objection in the record, we must conclude that the clerk, in making the transcript of the record, omitted to transcribe the file mark on the original. A…
2Cases cited3 opinions
- Garrison v. PeopleIllinois Supreme Court · 1859
- Graves v. PeopleIllinois Supreme Court · 1850
- Vincent v. PeopleIllinois Supreme Court · 1861
3Cited by10 opinions
- Barkley v. StateSupreme Court of Kansas · 1875
- Northwestern Distilling Co. v. BrantIllinois Supreme Court · 1873
- Schlesinger v. KeiferAppellate Court of Illinois · 1889
- Gay v. StateSupreme Court of Kansas · 1871
- State v. ArnoldSupreme Court of Kansas · 1935
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