Graves v. People
Cases that cite this one
6 later published cases cite this decision.
- Wood v. People (Ill. 1854)
- Weaver v. State (Tex. App. 1882)
- Cassaday v. State (Tex. App. 1878)
- Stokes v. People (Ill. 1872)
- Gay v. State (Kan. 1871)
- O'Brien v. People (Ill. 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There is a fatal objection to the scire facias. The recognizance was conditioned for the appearance of William H. Graves. An indictment was presented against Harrison Graves, and a forfeiture of the recognizance entered for his non-appearance. This does not show any breach of the obligation. If the facts of the case warranted it, there should have been an averment in the scire facias that Harrison Graves was the same person who entered into the recognizance by the name of William H. Graves. As the scire facias shows no cause of action, the judgment must be reversed; but another scire facias, containing proper averments, may be prosecuted.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.