White & Chilcutt v. State

Decided March 15, 1833

Tennessee Supreme Court · decided 1833-03-15

The scire facias in this case states, that the plaintiffs in error entered into a recognizance at the June term, 1828, for the appearance at the December term following, of Louis Stanislaus de St. Leger, to answer the State upon an indictment for an assault and battery; and that at the said December term the plaintiffs in error were called, and failed to come and bring with them the body of the said St. Leger, whereby they forfeited their recognizance, and that a judgment…

Decided 1833-03-15

GREEN, J.

¶1delivered the opinion of the court.

¶2The scire facias does not allege that St. Leger, the principal,'was called and made default at the December term, but simply that the securities were called to come and bring his body, which they failed to do. This is not sufficient to authorize a judgment against them. They could *184> only be liable if their principal failed to make his appearance. From aught that appears, he might have been in attendance at the time the. forfeiture was taken against his securities. In the case of Grigsby vs. the State, at the last term of this court, it was adjudged that to render appearance bail liable, the scire facias must aver that the principal had made default. Let the judgment be reversed.

¶3Judgment reversed.