Indiana Supreme Court, 1836

Thompson v. State

Thompson v. State
Indiana Supreme Court · Decided December 24, 1836 · Dewey, Kinney
4 Blackf. 188; 1836 Ind. LEXIS 36

Thompson v. State

Opinion of the Court

M’Kinney, J.

The Circuit Court, for an alleged contempt, ordered a fine of 20 dollars to be entered against each of the plaintiffs in error. A joint scire facias issued on that order, requiring the defendants below to show cause why a capias pro fine should not issue against them. The defendants appeared, and moved to quash the scire facias; which motion being overruled, they then demurred; their demurrer was also overruled; and a judgment entered, awarding execution against each defendant severally.

The scire facias cannot be supported. There, was no privity between the defendants. The fine was against each seve*189rally, and there was, consequently, no ground for a joint scire facias.

I. Naylor, for the plaintiffs. W. Herod, for the state. Dewey, J., was absent. Per Curiam.

The judgment is reversed. Cause remanded, &c.

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