Supreme Court of Arkansas, 1861

Hogan v. State

Hogan v. State
Supreme Court of Arkansas · Decided December 15, 1861 · Compton
23 Ark. 636

Hogan v. State

Opinion of the Court

Mr. Justice Compton

delivered the opinion of the court.

In this case, the scire facias does not show that the recognizance was entered into before the court in which the prosecution was had, or before any of the officers authorized by law to take it. The judgment by default cannot, therefore, be sustained, according to the principle decided in Darby vs. The State, 21 Ark. 523.

The judgment must be reversed, and the cause remanded for further proceedings.

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