State v. Hoeffner
Supreme Court of Missouri
Appeal from St. Louis Criminal Cotirt.—Hon. H. L. Edmunds, Judge. It was error for the court to refuse a trial by jury. Constitution, art. 2, secs. 28, 30; R. S. 1889, sec. 2131. The proceeding by scire facias to make absolute a conditional judgment taken against the surety on forfeited bail bond is purely civil and not criminal in its nature, being merely a suit for the recovery of money.
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Appeal from St. Louis Criminal Cotirt.—Hon. H. L. Edmunds, Judge. It was error for the court to refuse a trial by jury. Constitution, art. 2, secs. 28, 30; R. S. 1889, sec. 2131. The proceeding by scire facias to make absolute a conditional judgment taken against the surety on forfeited bail bond is purely civil and not criminal in its nature, being merely a suit for the recovery of money. State v. Fosey, 90 Ala. 45. Scire facias upon a recognizance entered into in a criminal proceeding, in no respect partakes of the original criminal proceeding, out of which it originated, but is held to be…
1Opinion of the CourtBurgess, J.
On the ninth day of February, 1893, there was duly issued from the office of the clerk of the criminal court for the city of St. Louis, a scire facias against the defendant, which recited that on the thirtieth day of April, 1892, the defendant had signed a bond to the state of Missouri in the court of criminal correction of said city as the security of one Lee Qua Lang (who then stood charged in said court of criminal correction with having committed a felony) for his, Lang’s appearance in the court of criminal correction, on the twelfth day of May, 1892; that default was made in said court…
2Cases cited11 opinions
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State v. RandolphSupreme Court of Missouri · 1856
- Humphreys v. LundySupreme Court of Missouri · 1866
- Ellis v. JonesSupreme Court of Missouri · 1873
- Wolff v. SchaefferMissouri Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Goddard ex rel. Hyde v. DelaneySupreme Court of Missouri · 1904
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
- Gross v. Atchison CountySupreme Court of Missouri · 1928
- Bick v. VaughnMissouri Court of Appeals · 1909
13 more not listed; retrieve them via the Exa API.