Eubank v. People

Illinois Supreme Court
Eubank v. People, 50 Ill. 496 (Ill. 1869)
Lawrence

Eubank v. People

Opinion of the Court

Mr. Justice Lawrence

delivered the opinion of the Court:

In this case the only judgment of forfeiture offered in evidence, as appears bv the bill of exceptions, was a mere memorandum by the clerk, which probably was a literal copy of the minutes of the judge. It does not even name the parties against whom this scire facias has issued. A valid judgment of forfeiture was set out in the scire facias, but it was not offered in evidence.

For want of a proper judgment of forfeiture, this judgment on the scire facias must be reversed.

Judgment reversed.

Reference

Full Case Name
Spencer S. Eubank v. The People of the State of Illinois
Cited By
2 cases
Status
Published
Syllabus
Recognizance—must be a judgment of forfeiture. To sustain a judgment upon a scire facias on a recognizance, there must be a judgment of forfeiture. It is not enough that a valid judgment of forfeiture is set out in the scire facias,—it must be given in evidence.