Wheeler v. State
Supreme Court of Georgia
Scire facias on bond, in Sumter Superior Court. Before Allen, Judge, October Term, 1856. This was a scire facias issued against defendants, requiring them to show cause why judgment should not he entered up against them on a bond given for the appearance of defendant, Wheeler, to answer an indictment for betting at cards, &c.
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Scire facias on bond, in Sumter Superior Court. Before Allen, Judge, October Term, 1856. This was a scire facias issued against defendants, requiring them to show cause why judgment should not he entered up against them on a bond given for the appearance of defendant, Wheeler, to answer an indictment for betting at cards, &c. The bond was dated the third day of August, 1855, and was conditioned for the appearance of said Wheeler “at the Superior Court, to be held on ihc fourth Monday in August next;” At the August Term, 1855, of the Superior Court of Sumter county, a rule nisi was issued,…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The bond must be construed by its terms. It is a good bond, as it is written, for the party to appear at the term of the Court specified in the bond. There was no breach, and could be none, before the arrival of the time at which the party charged in the indictment and his sureties engaged that he should appear. We are aware that it has been held, in some cases, that an instrument dated as this, fox instance, on 3d day of December, and made payable on the 25th day of December next, has been held to be payable on the next twenty-fifth day of…
2Cited by2 opinions
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