McFarlan v. People
Illinois Supreme Court
This was a scire facias upon a recognizance, tried before the Hon. William A. Henning, in the Hardin Circuit Court, at the April term, 1851; at which time a judgment was rendered in favor of the defendants in error, and against the plaintiffs in error, for the sum of $500. The scire facias was in the words and figures following, to wit: State of Illinois, Hardin County, ss.
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This was a scire facias upon a recognizance, tried before the Hon. William A. Henning, in the Hardin Circuit Court, at the April term, 1851; at which time a judgment was rendered in favor of the defendants in error, and against the plaintiffs in error, for the sum of $500. The scire facias was in the words and figures following, to wit: State of Illinois, Hardin County, ss. The people of the State of Illinois to the sheriff of said county, greeting: Whereas Benjamin Spriggs, Charles C. Guard, and James McFarlan, of, &e., did on, &c., before Peter Holland and Thomas Converse, justices of the…
1Opinion of the CourtTreat, C. J.
Several questions arise on the demurrer to the scire facias.
First. It is contended, that the obligation set out in the scire facias is not a recognizance. It is in the form of a penal bond, with the condition of a recognizance. It was held, in Shattuck v. The People, 4 Scammon, 477, that such an obligation, under our statute, has the force and effect of a recognizance, and that a scire facias may issue upon it as such. That decision fully disposes of this objection.
Second. It appears, from the scire facias, that the recognizance was entered into before two justices of the peace, and it is…
2Cited by7 opinions
- People v. MellorSupreme Court of Colorado · 1875
- Chase v. PeopleSupreme Court of Colorado · 1875
- Wheeler v. PeopleIllinois Supreme Court · 1866
- Brown v. PeopleAppellate Court of Illinois · 1887
- Pate v. PeopleIllinois Supreme Court · 1853
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