Cowen v. State

Citations

• 3 Tex. Ct. App. 380

Syllabus

<p>1. Scire Facias. — To sustain a judgment final by default, a writ of seire famas issued on a forfeited recognizance or bail-bond should comprise the substantial requisites of both a petition and a citation. It should not only disclose the character of the obligation—whether a recognizance or a bail-bond— on which the judgment nisi was entered, but should also set out its substance, so as to apprise the defendants and inform the court of the foundation of the proceeding and the gravamen of the complaint.</p> <p>2. Same. —It is error to take judgment final by default against the sureties in a forfeited recognizance or bail-bond, and not also against their principal.</p>