Steen v. State
Texas Supreme Court
Appeal from Smith. Tried below in the District Court of Smith county. At the June Term, 1857, an indictment was returned against James Steen, for assault with intent to kill. On service of capias, he, as principal, and fourteen sureties, executed a bond in the usual form for his appearance at the next term of the court. At that term judgment nisi was rendered against James T. Steen, and all the sureties except H. Chambers.
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Appeal from Smith. Tried below in the District Court of Smith county. At the June Term, 1857, an indictment was returned against James Steen, for assault with intent to kill. On service of capias, he, as principal, and fourteen sureties, executed a bond in the usual form for his appearance at the next term of the court. At that term judgment nisi was rendered against James T. Steen, and all the sureties except H. Chambers. Scire facias was issued against all the parties except H. Chambers, and served on eight of the sureties, including H. Chambers. At the return term, the defendants, by…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the judgment of the court below. It appears that the writ of scire facias was not served on several of the parties against whom the .final judgment was rendered; but the record contains an answer *88for the defendants beginning as follows: “And now come tho defendants in the above entitled cause, against whom a judgment nisi was taken at the last term of this court,” &c. This must be held to be an answer for all those against whom the judgment nisi was rendered; and when we look back to that judgment, we .find that it was rendered against all the…
2Cases cited2 opinions
- McKay v. SpeakTexas Supreme Court · 1852
- Cummings v. Rice & NicholsTexas Supreme Court · 1853
3Cited by6 opinions
- Pendarvis v. GrayTexas Supreme Court · 1874
- Deem v. StateCourt of Criminal Appeals of Texas · 1961
- Brown v. MeadorTexas Commission of Appeals · 1880
- Deem v. StateCourt of Criminal Appeals of Texas · 1961
- Dixon v. StateCourt of Appeals of Texas · 1877
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