E. C. Ray v. State

Citations

• 16 Tex. Ct. App. 268
• 1884 Tex. Crim. App. LEXIS 104

Syllabus

<p>1. Scire Facias—Recognizance.—One of the'requisites of a recognizance is. that it shall state the court before which, and the time and place when, and where, the principal cognizor is bound to appear. The condition of the recognizance in this case is that the cognizor “shall well and truly make his personal appearance before the honorable district court of Parker county, Texas, now in session, at the court house thereof, in the town of Weatherford, and here remain from day to day,” etc. Held, a full and explicit compliance with the statute.</p> <p>3. Same—Practice.—Article 453 of the Code of Criminal Procedure provides that “if a bail bond, or recognizance, be valid and binding as to the principal and one or more of the sureties, they shall not be exonerated from liability because of its being invalid and not binding as to another or other sureties.” Under this statute, judgment can be rendered in favor of one surety, and against the principal and another surety, if the fayts so require. See this case in illustration.</p> <p>■3, Same.—Scire Facias, as well as any other suit, may be dismissed as to one defendant and maintained as to another. Even where one surety has not been served, suit may be dismissed as to him and judgment taken against those served; and if judgment be taken against the surety not served, it may be dismissed as to him, even in the Appellate Court.</p> <p>4. Same—Liability oe Surety.—A recognizance is not only a joint, but a joint and a several undertaking, and if good as to the principal and any one of the sureties, they are not only bound, but are liable, though another surety may not be.</p>