Smith v. Spencer
Supreme Court of Georgia
Criminal law. Bonds. ■ Scire facias. Lost papers. Practice in the Superior Court. Before Judge Harris. Camden ■Superior Court. May Term, 1879. The solicitor-general proceeded to forfeit a bond in a ■criminal case, in which W. T. Spencer was principal and S. A. Spencer was security.
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Criminal law. Bonds. ■ Scire facias. Lost papers. Practice in the Superior Court. Before Judge Harris. Camden ■Superior Court. May Term, 1879. The solicitor-general proceeded to forfeit a bond in a ■criminal case, in which W. T. Spencer was principal and S. A. Spencer was security. The original bond having been lost after being made and filed (as was stated in the order establishing a copy), a copy was established on motion, and upon it the 'proceedings to forfeit were based. The sheriff made an entry of nob est inventus as to each of the defendants, and the court ordered service by…
1Opinion of the Court
Jackson, Justice.
1. This was a scire facias to enforce the forfeiture of a voluntary bond executed in New York, and one objection to the proceeding was that this is not the appropriate remedy. A voluntary bond may be forfeited by scire facias. 4 Ga., 329.
It cannot matter, we think, that it was executed in New York. It is not the less voluntary because made in New York, and it derived its validity from its deposit in the clerk’s office. It does not lie in the mouth of the surety who signed it and deposited it, and thereby procured the release of the person charged with crime, to make the…
2Cases cited1 opinion
- Park v. StateSupreme Court of Georgia · 1848
3Cited by4 opinions
- Epps & Leabow v. BuckmasterSupreme Court of Georgia · 1898
- Jones v. GordonSupreme Court of Georgia · 1889
- Shahan v. HardwickCourt of Appeals of Georgia · 1923
- Spooner v. SmithSupreme Court of Georgia · 1910