Legal Opinion

State v. Posey

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 5 opinions

Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The record in this case shows these facts : At the Spring term of said court, 1881, A. L. Posey was indicted for grand larceny, and was arrested under a capias.

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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The record in this case shows these facts : At the Spring term of said court, 1881, A. L. Posey was indicted for grand larceny, and was arrested under a capias. At the March term, 1883, he was tried and convicted, but the verdict was set aside on his motion, and a new trial granted ; and it was further ordered, as the judgment-entry recites, “that the defendant remain in custody until discharged by due course of law.” A memorandum by the clerk is then copied in the record, which states that “ the defendant was…

1Opinion of the CourtSomeryille, J.

The proceeding is one by scire facias to make absolute a conditional judgment taken against the defendants, as sureties on a forfeited bail-bond. Such a proceeding is purely civil, and not criminal in its nature, being merely a suit for the recovery of money. The issue to be tried is the showing of cause why the judgment nisi, taken against the defendants at a former term, should not be made final. The statute provides that this issue, whatever may be the nature of *47the excuse for default, shall be heard and determined by the court. — Code, 1876, §§ 4867-68. If the court decide that the excuse…

2Cases cited2 opinions

  1. Hammons v. StateSupreme Court of Alabama · 1877
  2. Dover v. State ex rel. Winston CountySupreme Court of Alabama · 1871

3Cited by5 opinions

  1. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  2. State v. HoeffnerSupreme Court of Missouri · 1894
  3. State v. EyermannSupreme Court of Missouri · 1903
  4. Southern Suspender Co. v. Van BorriesSupreme Court of Alabama · 1890
  5. Carson v. StateAlabama Court of Appeals · 1912

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