Lawton v. State
Texas Supreme Court
Error from Red River. Scire facias on a bond taken before a justice of the peace to keep the peace and to appear at the next term of the District Court to answer a charge of assault and battery. The bond was taken before annexation, in the name of Anson Jones, President of ihe Republic. The appellants were sureties on the bond.
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Error from Red River. Scire facias on a bond taken before a justice of the peace to keep the peace and to appear at the next term of the District Court to answer a charge of assault and battery. The bond was taken before annexation, in the name of Anson Jones, President of ihe Republic. The appellants were sureties on the bond. At the next term of the court, indictment being found against the principal and he failing to appear, an entry was made declaring the bond “forfeited,” and ordering a scire facias against the principal and his sureties on the bond. At a subsequent term of the court,…
1Opinion of the CourtWheeler, J.
It is unnecessary to notice particularly the several objections urged for a reversal of the judgment. They are either not supported by the record or not of a character to require to be severally considered. A scire facias, though a judicial writ, is yet so far in the nature of an original that the defendant may plead to it, and it is in that respect considered as an action. (Bac. Abr., Scire Facias; 3 Toml. L. D., 426.) It is in law an action, and in tlie nature of a new original. (1 Shep. R., 36; 5 Pike R., 265.)
Tile scire facias in the present case is founded on an obligation of record. It…
2Cited by3 opinions
- State v. HoeffnerSupreme Court of Missouri · 1894
- State v. MurmannSupreme Court of Missouri · 1894
- Shirley v. TerrellSupreme Court of Georgia · 1910