Hogan v. State

Supreme Court of Arkansas

Hogan v. State

23 Ark. 636

DecidedDecember 15, 1861

StatusPublished

This text of 23 Ark. 636 (Hogan v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hogan v. State, 23 Ark. 636 (Ark. 1861).

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Opinion

Mr. Justice Compton

delivered the opinion of the court.

In this case, the scire facias does not show that the recognizance was entered into before the court in which the prosecution was had, or before any of the officers authorized by law to take it. The judgment by default cannot, therefore, be sustained, according to the principle decided in Darby vs. The State, 21 Ark. 523.

The judgment must be reversed, and the cause remanded for further proceedings.

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Mr. Justice Compton

delivered the opinion of the court.

In this case, the scire facias does not show that the recognizance was entered into before the court in which the prosecution was had, or before any of the officers authorized by law to take it. The judgment by default cannot, therefore, be sustained, according to the principle decided in Darby vs. The State, 21 Ark. 523.

The judgment must be reversed, and the cause remanded for further proceedings.

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Bluebook (online)

23 Ark. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-state-ark-1861.

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