Hester v. State

Citations

• 15 Tex. Ct. App. 418
• 1884 Tex. Crim. App. LEXIS 20

Syllabus

<p>1. Practice—Bail Bond—Indictment.—The sufficiency or validity of an indictment cannot be called in question in a scire facias proceeding upon a forfeited bail bond. ,</p> <p>2. Same—Evidence.—A scire facias proceeding upon a forfeited bail bond is, in effect, a suit upon the bond, in which the scire facias serves the double purpose of petition and citation. The foundation of the suit is the bond and the judgment nisi, which is the judicial declaration of the forfeiture; and the'production in evidence of the bond and judgment nisi is essential to the maintenance of the suit. That the bond was produced oil the forfeiture proceedings before judgment nisi does not dispense with the necessity of its production upon the subsequent proceedings for judgment final.</p>