Branch v. State
Texas Supreme Court
Error from Rusk. Tried below before the Hon. 0. A. Frazer. On the 9th day of March, 1858, a writ of scire facias was issued by the clerk of the District Court of Rusk county, the recitals of which were substantially as follows: That at the Fall Term of said District Court, on the 16th day of November, 1857, an indictment was therein pending against Oliver Branch, charging him with an assault with intent to kill and murder.
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Error from Rusk. Tried below before the Hon. 0. A. Frazer. On the 9th day of March, 1858, a writ of scire facias was issued by the clerk of the District Court of Rusk county, the recitals of which were substantially as follows: That at the Fall Term of said District Court, on the 16th day of November, 1857, an indictment was therein pending against Oliver Branch, charging him with an assault with intent to kill and murder. That he was, on the 14th day of May, 1855, arrested by the sheriff, and There was service upon the sureties, but not upon the principal. The defendants who were served,…
1Opinion of the CourtBell, J.
The scire facias in this case would have been held bad on special demurrer, because it does not show by averments what was the condition of the bond which was the foundation of this proceeding. The allegation that the bond was “conditioned *427as the law directs,” does not show to the could the facts to enable us to judge whether or not the bond was such an one as is required by law. But this objection is one that should have been pointed out by special demurrer. The demurrer filed by the defendants is a general demurrer, and there is no judgment of the court overruling it, and nothing to show…
2Cited by2 opinions
- Ferguson v. Rhoades Drilling Co.Court of Appeals of Texas · 1925
- Hutchings v. StateCourt of Appeals of Texas · 1887