Thomas v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. Henry Thomas, being in custody under indictment for larceny, gave a bond for his appearance at the next term of the circuit court, with E. W. Jones as his surety, and was released. He failed to appear as required by his bond, and a jugment nisi was rendered against him and his surety.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. Henry Thomas, being in custody under indictment for larceny, gave a bond for his appearance at the next term of the circuit court, with E. W. Jones as his surety, and was released. He failed to appear as required by his bond, and a jugment nisi was rendered against him and his surety. Upon this judgment a scire facias was issued, commanding the sheriff to summon the defendant to •■show cause why the same should not be made final. This writ was returned with the following indorsement as to service: “ Executed on…
1Opinion of the CourtArnold, J.
The scire facias was not served in either of the modes prescribed *186by the statute. Code, §§ 1527,1535. Under § 1528 of the Code of 1880, if it had been returned “executed” this would have-imported legal service of the writ in some one of the methods-provided by the statute. Heirmann & Kahn v. Stricklin et al., 60 Miss. 234. But the return shows what was done by the officer,, and that the statute was disregarded. There was substantial difference between reading the writ to the appellants, as was done, and delivering to them a true copy thereof, as was required to be done. French et al. v. The…
2Cases cited2 opinions
- French v. State ex rel. FeldingMississippi Supreme Court · 1876
- Heirmann v. StricklinMississippi Supreme Court · 1882
3Cited by1 opinion
- Dogan v. BarnesMississippi Supreme Court · 1898