Marx v. State
Mississippi Supreme Court
Appeal from the Circuit -Court of Noxubee County. Hon. 'James M. Arnold, Judge. On the 21st of November, 1882, James Smith was committed to jail by a justice of the peace of Noxubee County, under a charge of grand larceny, and was subsequently admitted to bail on a bond of two hundred and fifty dollars, with the appellant and F. M. Smith and W. J. Smith as sureties, to hppear before the circuit court on the third Monday of February, A. H. 1883. On the lsi of March, 1883,…
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Appeal from the Circuit -Court of Noxubee County. Hon. 'James M. Arnold, Judge. On the 21st of November, 1882, James Smith was committed to jail by a justice of the peace of Noxubee County, under a charge of grand larceny, and was subsequently admitted to bail on a bond of two hundred and fifty dollars, with the appellant and F. M. Smith and W. J. Smith as sureties, to hppear before the circuit court on the third Monday of February, A. H. 1883. On the lsi of March, 1883, being the term of court aforesaid, Smith failing to 'appear, a judgment nisi was rendered against him and the sureties on…
1Opinion of the CourtCooper, J.
The scire facias does not recite the day or term of the court on which the judgment nisi was taken. It is apparent that the attention of the court was not directed to this fact, but it nevertheless exists, and the defendant having interposed a plea of nul tiel record *481devolved upon the State the necessity of amending the writ before proceeding further against him. The district attorney asked and obtained leave to amend the writ in another particular, but it was not in fact amended, and if it had been the error noted would not have been cured. It was error to render the final judgment on the…
2Cases cited4 opinions
- Douthit v. StateMississippi Supreme Court · 1872
- Saffold v. StateMississippi Supreme Court · 1883
- Bridges v. StateCourt of Appeals of Mississippi · 1852
- Pounds v. StateMississippi Supreme Court · 1883