State v. Craig
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was a proceeding by scire facias against the defendant in error. It appears by the record, that the defendant, at the spring term, 1845, of the circuit court entered into a recognizance with Solomon S. Horton, who was indicted for the murder of James B. Tutt; conditioned for the appearance of Horton at the then next term of the court, under the penalty of four thousand dollars. . The transcript recites, that on the 9th day of…
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Writ of Error to the Circuit Court of Perry. This was a proceeding by scire facias against the defendant in error. It appears by the record, that the defendant, at the spring term, 1845, of the circuit court entered into a recognizance with Solomon S. Horton, who was indicted for the murder of James B. Tutt; conditioned for the appearance of Horton at the then next term of the court, under the penalty of four thousand dollars. . The transcript recites, that on the 9th day of the spring term of the circuit court of Perry, holden in 1845, being the 6th of May, the cause was continued, and the…
1Opinion of the CourtCollier, C. J.
In Chiles v. Beal, 3 Ala. Rep. 26, it was decided that the proper mode of taking advantage of the misrecital of a record in pleading, is not by a demurrer, but by the plea of nul tiel record, concluding with a prayer that the same may be inspected by the court; and that a variance between the bail bond actually executed, and that described in the scire facias was not properly presented, and could not be regarded where the defendant demurs.
Under the act which dispenses with the recital of the recognizance in the scire facias and otherwise simplifies the proceeding, it has been held, that the…
2Cases cited4 opinions
- Browder v. StateSupreme Court of Alabama · 1846
- Governor v. KnightSupreme Court of Alabama · 1845
- Chiles v. BealSupreme Court of Alabama · 1841
- Peck v. CritchlowMississippi Supreme Court · 1843
3Cited by1 opinion
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882