Appeal from the Circuit Court of Talladega.

Tried before the Hon. John Henderson.

The defendant, W. T. Ozeley, William Ozeley, and James M. Reynolds, entered into an undertaking of bail. Its condition was that the said W. T. Ozeley, alias Thoinas Ozeley, then in custody, should appear at the next term of the Circuit Court of Talladega county, to answer the charge of burglary. He failed to appear at court. Thereupon a judgment nisi, on motion of the solicitor, was entered against the said Thomas Ozeley, and William Ozeley, and James M. Reynolds, sureties of the said Thomas Ozeley, and a writ of scire facias “ was ordered to be issued to them, to show cause at the next term of the court why the said judgment nisi should not be made absolute and final.” The writ of scire f acias was issued, and was executed on the said defendants.

At the fall term, 1877, of the said Circuit Court, the cause being called for trial, the solicitor moved the court to make final the judgment nisi which had been rendered in this cause at a previous term of the court. Whereupon the defendants craved oyer of the bond, and scire facias in this cause, which was read, as follows :

“The State of Alabama, Talladega county. We, Thomas Ozeley, William Ozeley, and James M. Reynolds, his sureties, acknowledge ourselves indebted to the State of Alabama in the sum of five hundred dollars, to be void if Thomas Ozeley appear at the next term of the Circuit Court of said county, and from term to term until discharged, and answer the charge of burglary preferred against me, Thomas Ozeley.

“ Given under our hands, this, 11th day of September, 1875. “W. T. Ozeley, [seal.

“William Ozeley, seal.'

“ James M. Reynolds, [seal.'

“ by William Ozeley.”

“ The State of Alabama, Talladega county. To Thomas •Ozeley, William Ozeley, and James M. Reynolds: You are hereby notified that at the fall term, 1875, of the Circuit Court of said county, a judgment was rendered against you, of which the following is a copy: ■

“ ‘ The State of Alabama v. Thomas Ozeley. Indictment Tor burglary. It appearing to the court that the said Thomas Ozeley, together with William Ozeley, and J. M. Eeynolds, agreed to pay the State of Alabama five hundred dollars unless the said Thomas Ozeley appeared at this term of the court to answer in this case, and the said Thomas Ozeley having failed to appear, it is therefore ordered that the State of Alabama, for the use of Talladega county, recover of the said Thomas Ozeley, William Ozeley, and James M. Eeynolds, on said undertaking, the sum of five hundred dollars, unless they appear at the next term of the court, and show cause why this cause should not be made absolute.’

“You are, therefore, hereby notified that said judgment will be made absolute against you at the next term of said court, unless you then appear and show cause against the same.

“Witness my hand, this the 25th day of October, A. D. 1875. _ “J.H. Coker, Clerk.”

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