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43 Tex. 349

Brown v. State

Texas Supreme Court

Decided July 1, 1875

Texas Supreme Court · decided 1875-07-01

Navarro. W. H. and T. B. Powell as principals, and D. M. Brown and A. L. Brooks as their sureties, were recognized at the July Term of the District Court of Navarro county for the appearance of the Powells at the November Term to answer an indictment for theft of yearling cattle. No bond was executed. This recognizance was at the same term forfeited and judgment nisi entered.

Decided 1875-07-01

Roberts, Chief Justice.

¶1The judgment nisi and the recognizance upon which it is founded seem to be in proper form. The subsequent proceedings, to wit, the scire facias and the final judgment are not, and should be set aside, *351and another scire facias should be issued upon the judgment nisi.

¶2The scire facias is defective in not stating such facts as would have justified the rendition of a final judgment upon default of an answer. It should state enough to answer the purpose of a petition and a writ of citation also. (Boone v. Roberts, 1 Tex., 152; Harrison v. The State, 3 Tex., 190; Lawton et al. v. The State, 5 Tex., 274; The State v. Cox, 25 Tex., 406.)

¶3Judgment is reversed and cause remanded.

¶4Reversed and remanded.

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