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20 Tex. 649

Davidson v. State

Texas Supreme Court

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before the Hon. James Webb. May Term, 1853, without further date, personal recognizance of John A. J. Hamilton, in open Court, (after mistrial by a jury unable to agree upon a verdict,) in the sum of $5000, to answer indictment for the murder of Edwards Ragland; and of Quincy Davidson and David Emison, as sureties of said Hamilton, in the sum of $2500 each; and of Darwin M. Stapp, Hugh Stapp, Green Davidson and Quincy Davidson, as witnesses in behalf of the State…

Decided 1858-07-01

Wheeler, J.

¶1If the scire facias contained sufficient matter of substance, intelligibly presented, and was properly tested, it would not be a fatal objection that it contains irrelevant matter and is informal. But it is scarcely intelligible, and must have appeared quite unmeaning to defendants, who may not be supposed to know what it ought to contain. It does not apprise the defendants that they are required to show cause why judgment final should not be rendered against them, or what, in particular, they are required to answer. It is a joint scire facias, against two, upon two several judgments. It ought to follow the judgment. It recites a judgment rendered on the 26th, whereas it was rendered on the 25th of the month. The omission of a seal may be a clerical error in making up the transcript. But the scire facias is so irregular, informal and unintelligible, that no judgment ought to be rendered upon it. The judgment is therefore reversed and the cause remanded for further proceedings.

¶2Reversed and remanded.

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