Tousey v. State

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

The appellauts 'were sureties for one Benjamin Fry in a bond in the nature of a recognizance, entered into by them with said Fry for the appearance of the latter' at the District Court to answer the State of Texas u upon a charge of gaming.” The accused failing to appear as required by the terms of the recognizance, scire facias was served upon his sureties. There was j udgment against the sureties, and they brought a writ of error.

Decided 1852-07-01

Wheeler, J.

¶1Tills case cannot he distinguished in principle from the eases of Dailey v. The State, 4 Tex. R., 417; The State v. Cotton, 6 Id.; and Cotton v. The State, 7 Id. Upon the principle of those cases the judgment must he reversed and the cause dismissed.

¶2Reversed and dismissed.