Brown v. State

Devine, Associate Justice.

A judgment final by default was entei’ed against appellant as surety of one Ed. Fletcher, indicted at the November term, 1870, of the District Court of Houston county, on a charge of theft of hogs, from which judgment he has appealed.

*50The cause was called for trial during the August term, 1872, and the defendant, Fletcher, failing to appear, a judgment nisi was rendered in the usual form against the principal, Fletcher, and the securities on his bond, W. H. Cundiff and H. W. Brown.

The judgment, after reciting at length the substance of the bond, directed scire facias…