People v. Witt
Illinois Supreme Court
ERROR TO SCHUYLER. The plaintiffs commenced an action of debt to the April term of the Schuyler Circuit Court, 1855, upon the following recognizance : State of Illinois, Schuyler County, ss. — Personally came before the undersigned, James L. Anderson and Edward Bertholf, favo of the justices of the peace within and for said county, R. C. Earnham and Nathan Moore, and jointly and severally acknowledged themselves to owe and be indebted to the people of the State of Illinois,…
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ERROR TO SCHUYLER. The plaintiffs commenced an action of debt to the April term of the Schuyler Circuit Court, 1855, upon the following recognizance : State of Illinois, Schuyler County, ss. — Personally came before the undersigned, James L. Anderson and Edward Bertholf, favo of the justices of the peace within and for said county, R. C. Earnham and Nathan Moore, and jointly and severally acknowledged themselves to owe and be indebted to the people of the State of Illinois, in the sum of five hundred dollars, for the payment whereof they hereby bind themselves, their heirs, executors, and…
1Opinion of the CourtSkinner, J.
This was an action of debt on a recognizance taken in a criminal prosecution.
The declaration counts upon the recognizance as a record of the Circuit Court, and alleges that the same was, by the judgment of said court, forfeited. The defendants interposed the plea of nul tiel record, upon which issue was taken, and the cause was tried by the court. The plaintiffs, to maintain the issue on their part, offered in evidence the recognizance described in the declaration and the record of said court of a forfeiture, which recites the default of the cognizors, and adjudges the recognizance forfeited.…
2Cited by12 opinions
- Kepley v. PeopleIllinois Supreme Court · 1888
- Tanquary v. PeopleColorado Court of Appeals · 1914
- Childs v. FischerIllinois Supreme Court · 1869
- People v. RoccoAppellate Court of Illinois · 1955
- Hangsleben v. PeopleIllinois Supreme Court · 1878
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