Legal Opinion

Wills v. State

Court of Appeals of Texas

Decided July 1, 1878Published

Error from the County Court of Van Zandt. Tried below before the Hon. C. W. Raines. The opinion states the case.

1Opinion of the CourtWhite, J.

This is a writ of error from a judgment final rendered in the County Court of Van Zandt County, on March 23, 1877, on a forfeited recognizance.

Three errors are relied upon for a reversal, which may be concisely stated as follows, viz.:

1. The recognizance states no offense against the laws of this state.

2. The judgment is not final, because one of the sureties in the recognizance was not served with scire facias; did not waive or accept service, and a judgment was rendered against the other cognizors, without a judgment of dismissal and discontinuance as to the unserved surety.

3. The judgment…

2Cases cited3 opinions

  1. Gay v. StateTexas Supreme Court · 1857
  2. Wilson v. StateTexas Supreme Court · 1860
  3. Rhone v. EllisTexas Supreme Court · 1867

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