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21 Tex. Ct. App. 328

Ware v. State

Court of Appeals of Texas

Decided May 15, 1886

Court of Appeals of Texas · decided 1886-05-15

Error from the District Court of Kerr. Tried below before the Hon. T. M. Paschal. The writ of error in this case was prosecuted from a judgment final upon the bail bond of Riley Ware, held under an indictment for theft of a horse. The amount of the bond and judgment was twelve hundred dollars,

Decided 1886-05-15

White, Presiding Judge.

¶1It has been repeatedly held under the provisions of Article 441, Code of Criminal Procedure, that a judgment nisi is fatally defective, and will not sustain a judgment final, rendered upon a forfeited bail bond or recognizance, unless it states that the same will be made final unless good cause be shown at the next term of the court why the principal did not appear. (McIntyre v. The State, 19 Texas Ct. App., 443, and authorities cited therein.)

¶2Tested by this rule, the judgment nisi in the present case is fatally defective, wherefore the final judgment as rendered m the court below is reversed and the cause remanded.

¶3Reversed and remanded.

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