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