Tucker v. State ex rel. Gray

Suit on recognizance. Answer by surety, that his principal appeared at the February term of said Court, as provided in the recognizance, was tried, convicted and fined, and, “without his knowledge or consent, was then and there permitted to depart, without first having paid or replevied said fine; that thereupon said cause was stricken from the docket of said Court; that, at the August term, the plaintiff placed said cause again on the records of said Court, without giving defendant notice, and caused a default to be entered.” A demurrer was sustained to the *333answer. Finding and judgment for…