Fulton v. State

Citations

• 14 Tex. Ct. App. 32
• 1883 Tex. Crim. App. LEXIS 116

Syllabus

<p>1. Service of Citation.—On process of citation for two defendants the sheriff made return that, on a day specified, he executed it by delivering to them “in persons a true copy of this citation.” This return is invalid, because it imports that the two defendants were jointly served with a single copy, instead of a copy being served oh each of them, as the law requires.</p> <p>2. Bail Bond.—When the liability of each surety on a bail bond is for its full penalty, the fact that they are bound “ jointly and severally ” does not make the bond more onerous than if their obligation was several only, and therefore does not impair the validity of the bond. To such a bond the ruling in Thomas v. The State, 13 Texas Court of Appeals, 496, does not apply, inasmuch as the sureties in that ease limited their respective liabilities to fractions of the entire penalty.</p> <p>3. Judgment Nisi, to be valid, must state that the same will be made final, unless good cause be shown at the next term of the court why the defendant did not appear.</p>