Peck v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The record in this case shows that, in April, 1878, an indictment for perjury was found in ' said court against Isaac Peck; and that, at the same term of the court, he was admitted to bail in the sum of one hundred and fifty dollars, with W. W. Powers and others as his sureties, conditioned for his appearance at the next term of the court, and from term to term thereafter until discharged by law.
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Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The record in this case shows that, in April, 1878, an indictment for perjury was found in ' said court against Isaac Peck; and that, at the same term of the court, he was admitted to bail in the sum of one hundred and fifty dollars, with W. W. Powers and others as his sureties, conditioned for his appearance at the next term of the court, and from term to term thereafter until discharged by law. Having failed to appear at the next term, a conditional judgment was rendered against him and his sureties; and a scire…
1Opinion of the CourtStone, J.
The proceeding to fix the liability of bail on a forfeited recognizance, taken in a State case, is a civil action. It is a rule of this court, well and long established, that in such proceeding no objection can be taken to the manner of arrest, or the sufficiency of the indictment, provided the recognizance or bond be taken by an officer authorized by law to take and approve such bond. The undertaking of bail binds the parties for the appearance of the defendant. — Code of 1876, §§4852, 4853; The State v. Weaver, 18 Ala. 293; State v. Eldred, 31 Ala. 393; and other authorities on the brief of…
2Cases cited5 opinions
- Portis v. StateMississippi Supreme Court · 1872
- Miller v. StateMississippi Supreme Court · 1872
- State v. EldredSupreme Court of Alabama · 1858
- State v. WeaverSupreme Court of Alabama · 1850
- State v. CarrSupreme Court of Iowa · 1856
3Cited by8 opinions
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- State v. WittOregon Supreme Court · 1899
- Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894
- Jones v. City of OpelikaSupreme Court of Alabama · 1941
- Littleton v. StateSupreme Court of Arkansas · 1885
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