Legal Opinion

Fulton v. State

Court of Appeals of Texas

Decided April 11, 1883No. 2563Published

Error from the District Court of Denton. Tried below before the Hon. C. C, Potter. . Appellants were the sureties on the bail bond of one George Renwick. The penalty of the bond was one thousand dollars, in which sum the makers bound themselves “jointly and severally.” Judgment final was rendered against them by default. The opinion of this court discloses the grounds on which the appellants ask a reversal of the judgment.

1Opinion of the Court

Willson, Judge.

This writ of error is prosecuted from a judgment by default rendered upon a forfeited bail bond. It is objected that the return of the sheriff of service of citation upon the defendants is insufficient to authorize the judgment. It reads as follows: “Executed on the fourteenth day of July, at three p. m., 1881, by delivering to Marshall Fulton and R. S. Ross, in persons, a true copy of this citation.” In proceedings upon a forfeited bail bond or recognizance, the sureties are entitled to notice by service of citation for the length of time and in the manner required in a civil…

2Cases cited5 opinions

  1. King v. GoodsonTexas Supreme Court · 1874
  2. Davis v. CalhounTexas Supreme Court · 1874
  3. Middleton v. StateTexas Supreme Court · 1854
  4. Vaughan v. StateTexas Supreme Court · 1867
  5. Adams v. HicksTexas Supreme Court · 1874

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