Banta v. People

Citations

• 53 Ill. 434

Syllabus

<p>1. Judgment of forfeiture on recognizance—what sufficient. Upon the principal in a recognizance failing to appear according to the exigencies of the bond, a default was taken and a forfeiture declared, as follows: “ It is therefore considered by the court, that the recognizance of the said defendant be, and is hereby declared to be forfeited, and that the default of said defendant, and of his securities, be entered of record, and that scire facias issue herein against the said principal and his securities,” designating them by their individual names, returnable, etc.: Rdd, this was a sufficient judgment of forfeiture against the sureties, as well as against the principal.</p> <p>2. Scire facias on recognizance—against whom it sJiould issue. A scire facias, issued on a judgment of forfeiture of a recognizance against the sureties alone, is insufficient. It should issue against the principal as well as against the sureties.</p> <p>8. Recogmizakce—construction thereof—as to its amount. Where the principal in a recognizance, and two others, as his sureties, acknowledged themselves to owe the people “ the said principal the sum of two thousand dollars, and the said sureties each the sum of two thousand dollars, respectively,” it was held, this in effect was but a joint and several obligation to pay the sum of two thousand dollars, and not an obligation to pay each the sum of two thousand dollars, thus requiring the payment of six thousand dollars to satisfy the recognizance.</p>