State v. Butler

Decided March 15, 1832

Tennessee Supreme Court · decided 1832-03-15

In this case, the scire facias recites that a subpcena had been issued and delivered to the sheriff, commanding him to summon John J. Butler to appear before the grand jury and give evidence; that the subpcena was duly served, and that said witness being called, failed to attend, and that thereupon a judgment nisi was rendered against him, &c. To this scire facias the defendant demurred; and the circuit court having sustained the demurrer and given judgment for the defendant…

Decided 1832-03-15

Green, J.

¶1delivered the opinion cf the court.

¶2In this case, the scire faeias is bad. The subpcena set out in the sci. fa. commands the sheriff to summon the defendant to appear before the grand jury to give *84evidence. It should have required him to appear before the court, to give evidence to the grand jury. As it did not require him to appear in court, his non-appearance, when called, is no failure on his part, and consequently, is no ground for the judgment nisi upon which this sci. fa. is founded. The demurrer was therefore properly taken.

¶3Judgment affirmed.*

¶4This case, by mistake, was omitted to be printed with the State cases of this Term.