State v. Howell & Shanks
This text of 11 Mo. 613 (State v. Howell & Shanks) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri 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.
Howell was arrested in vacation, by the sheriff of Buchanan county, for a contempt offered to the Circuit Court.
The sheriff took from him a recognizance to appear at the next term of the court to answer for the offence. The party not appearing a forfeiture was taken, on which a scire facias issued. A demurrer to the scire facias was sustained by the Circuit Court.
There is no law authorizing a sheriff to take a recognizance under the circumstances in which this was taken; therefore, his act was without authority and void.
the judgment will be affirmed.
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11 Mo. 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-howell-shanks-mo-1848.