Blalock v. State
Texas Supreme Court
Blalock v. State, 35 Tex. 89 (Tex. 1872)
Evans
Blalock v. State
Opinion of the Court
Blalock was indicted for aggravated assault upon one Shuford ; was arrested, gave bond for his appearance, which he forfeited, and judgment nisi was taken against himself and sureties.
Scire facias issued, was served, and the judgment nisi made final only against the sureties, omitting to name the defendant Blalock.
The judgment should have included the principal with the sureties; it is therefore reversed and remanded.
Reversed and remanded.
Reference
- Full Case Name
- John Blalock and others v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- On a forfeited recognizance, judgment nisi was taken against the principal cognisor and liis sureties ; but, after scire facias was duly issued and served, the judgment absolute was rendered against the sureties only. Held, that the judgment was erroneous, because not rendered against the principal as well as the sureties.