Saffold v. State
This text of 60 Miss. 928 (Saffold v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
After judgment by default on the scire facias upon a recognizance it is not admissible to notice a variance between the recognizance and scire facias. Ditto v. The State, 30 Miss. 126.
It is not a valid objection to a judgment on a recognizance against a surety that the principal has not been served with scire facias, or that there have not been two returns of “ not found ” as to him. Sect. 3043 of the Code makes two returns of “ not found,” equal to service of scire facias in such case, but does not make service or such return as to all a prerequisite of judgment final against those who are served. Chinn v. The Commonwealth, 5 J. J. Marsh. 29 ; Luckett v. Austin, 4 Bibb. 181; Bruce v. Colgan, 2 Litt. 286 ; Sans v. The People, 3 Gilm. 327.
Judgment affirmed.
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60 Miss. 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saffold-v-state-miss-1883.