Chumasero v. People
Illinois Supreme Court
This was a proceeding in La Salle Circuit Court against appellant, by scire facias on recognizance. The record shows: An indictment against William Trabling and Henry Gerhart, for larceny; indorsement on the back of the indictment, and order to hold bail in the sum of $800 each; recognizance of Henry Gerhart, as principal, and Conrad Sapp, as security, in the sum of $300 each, for the appearance of Henry Gerhart before the Circuit Court of La Salle county, at the (then) next…
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This was a proceeding in La Salle Circuit Court against appellant, by scire facias on recognizance. The record shows: An indictment against William Trabling and Henry Gerhart, for larceny; indorsement on the back of the indictment, and order to hold bail in the sum of $800 each; recognizance of Henry Gerhart, as principal, and Conrad Sapp, as security, in the sum of $300 each, for the appearance of Henry Gerhart before the Circuit Court of La Salle county, at the (then) next term thereof, to answer the indictment; appearance and plea of not guilty by Gerhart; trial of defendant; disagreement…
1Opinion of the CourtScates, C. J.
On default, the party must assign such ground of error as would be good on general demurrer. No such error is assigned.
The first is a general assignment of error; the second, in taking recognizance for less than sum indorsed on writ, would not prejudice plaintiff, and he could not complain. Bailey's admr. v. Campbell, 1 Scam. R. 47; Harrison v. Clark et al., 1 ibid. 131; Thorn v. Watson, 5 Gil. R. 26. If for a greater amount, it would be void. Waugh v. The People, 17 Ill. R. 561. But this has no application to a recognizance taken in open court. It needs no formal order to sustain it. It is…
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