Cleveland v. Brown

In answer to a scire facias to forfeit a recognizance in a criminal ease, the surety sought to set up the following defense: (1) The condition of the recognizance was that it should be void if the principal should be and appear at the next term of the superior court of the county, to be held on a given date, “then and there to answer to an accusation for the offense of burglary, and shall not depart thence without the leave of said court,” and that therefore the principal under the terms of the recognizance was not bound to appear at such court and answer an indictment there found against…