Thompson v. State

Decided December 24, 1836

Indiana Supreme Court · decided 1836-12-24

<p>In the case of a separate fine against two persons for a contempt, a joint scire facias against them to show cause, &c., is not sustainable.</p>

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Decided 1836-12-24

How this case has been cited

Cited by 6 later decisions — most recently May 1905

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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M’Kinney, J.

¶1The Circuit Court, for an alleged contempt, ordered a fine of 20 dollars to be entered against each of the plaintiffs in error. A joint scire facias issued on that order, requiring the defendants below to show cause why a capias pro fine should not issue against them. The defendants appeared, and moved to quash the scire facias; which motion being overruled, they then demurred; their demurrer was also overruled; and a judgment entered, awarding execution against each defendant severally.

¶2The scire facias cannot be supported. There, was no privity between the defendants. The fine was against each seve*189rally, and there was, consequently, no ground for a joint scire facias.

I. Naylor, for the plaintiffs.W. Herod, for the state.Dewey, J., was absent.Per Curiam.

¶3The judgment is reversed. Cause remanded, &c.