Legal Opinion

Kellogg v. State

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 4 opinions

Error to the circuit court of Yazoo county. Shaokleeord, J. Eiled the following assignment of error: The court below erred in overruling the motion to set aside the judgment against the plaintiff in error, surety in the recognizance of Samuel Bibb. Bibb was indicted for petit larceny, and entered into recognizance with one Jones as surety. Jones surrendered him to the sheriff, who took another recognizance with plaintiff in error as surety.

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Error to the circuit court of Yazoo county. Shaokleeord, J. Eiled the following assignment of error: The court below erred in overruling the motion to set aside the judgment against the plaintiff in error, surety in the recognizance of Samuel Bibb. Bibb was indicted for petit larceny, and entered into recognizance with one Jones as surety. Jones surrendered him to the sheriff, who took another recognizance with plaintiff in error as surety. This last recognizance did not specify the term of court at which Bibb was to appear. For this reason we think this recognizance was void. “A sheriff can…

1Opinion of the Court

Tarbell, J.: .

The facts in this case as set forth in the bill of exceptions, are substantially these:

At the May term of the circuit court of Yazoo county, 1868, one Samuel Bibb was indicted for petit larceny; a bench warrant was issued, on which Bibb was arrested by the sheriff of that county, September 22, 1868, and on the same day let to bail by the sheriff, with one David Jones as surety.

Bibb was tried, convicted and a new trial granted at the November circuit court, 1868; no order was made by the court discharging the surety, and on the 29th day of November, 1868, after the adjournment of…

2Cited by4 opinions

  1. Joelson v. United StatesCourt of Appeals for the Third Circuit · 1923
  2. Tupper v. Cassell & BaughnMississippi Supreme Court · 1871
  3. Proseck v. StateOhio Supreme Court · 1883
  4. Whitener v. StateCourt of Criminal Appeals of Texas · 1897

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