Ditto v. State
Mississippi Supreme Court
Error to Carroll circuit court. Iíaebis, J. 1. The court bad no right to render a judgment by default, while there was a plea filed in the action to which no objection was taken.
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Error to Carroll circuit court. Iíaebis, J. 1. The court bad no right to render a judgment by default, while there was a plea filed in the action to which no objection was taken. Vide 3 S. & M., 120. 2. The record shows that judgment nisi was rendered for $100, and judgment final for $150. The judgment is therefore inconsistent with itself, and of course, erroneous. , 3. The scire facias recites a judgment nisi to have been entered upon a recognizance, conditioned for the appearance of Ditto, on the first Monday of December, 1854; when, in truth, as appears by the record, the condition was,…
1Opinion of the Court
IÍANDY, J. :
This is a writ of error to a judgment rendered in the Carroll circuit court, against the plaintiffs in error, as principal and bail in a recognizance entered into, upon a charge of gaming, and which was forfeited.
The errors assigned are :
1. That the judgment upon the scire facias, issued after the forfeiture was rendered by default, when there was a plea filed to the indictment, and was not disposed of.
2. That the judgment nisi was for the sum of one hundred dollars, and the final judgment on scire facias, was for one hundred and fifty dollars.
3. That the scire facias recites a…
2Cited by4 opinions
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- Saffold v. StateMississippi Supreme Court · 1883
- State v. RhonimusMississippi Supreme Court · 1872
- Pounds v. StateMississippi Supreme Court · 1883