Goodin v. State

Citations

• 14 Tex. Ct. App. 443
• 1883 Tex. Crim. App. LEXIS 194

Syllabus

<p>1. Service—Practice—Case Stated.—Article 1217 of the Revised Statutes provides that “where it appears from the petition that the sheriff is a party to the suit, or is interested therein, the citation shall be addressed to any constable of his county.” In this case one of the defendants was sheriff of the county, but that fact did not appear from the petition. The citations were addressed “ to the sheriff or any constable of Throckmorton county,” and were served by a constable of that county. Held, a substantial compliance with the law.</p> <p>2. Same—Pleading—Practice.—In a proceeding to make final a judgment nisi, the defendants answered: 1, by the general denial; 2, that the bond was not signed by the principal obligor; 3, that there had been a judgment nisi rendered upon the same bond at a prior term of the court, which judgment nisi was in full force and effect when the judgment nisi upon which this proceeding is based was rendered, and is still in full force and effect; i, by a sworn plea by one of the defendants that the name of the principal is not signed to the bond. TTpon the State’s motion these answers were all stricken out, and thereupon judgment final was rendered. Held:</p> <p>1. That the court did not err in striking out the plea of non est factum, set up by one of the defendants, inasmuch as, failing to allege that the principal had not signed the bond in fact, and had not authorized any one to sign it for him, it was insufficient as a plea of non est factum.</p> <p>2. That though, if properly pleaded and sustained, the plea of a former j ndgment nisi pending on the bail bond would have operated as a bar to this proceeding, it was properly stricken out in this case because it was not verified by affidavit.</p> <p>3. That the court erred in striking out the general denial of the defendants and rendering judgment against them, because such judgment was rendered without evidence supporting the allegations of the State.</p> <p>3. Same-—Evidence.—A pro