Landis v. People

Citations

• 39 Ill. 79

Syllabus

<p>1. Recognizance—lapse of the term at which the party was to appear—effect thereof. The lapse of the term of court at which a principal cognizor was to appear will not operate to discharge his sureties from their liability, but the recognizance will stand continued over until the next term, at which, if the principal fails to appear, a forfeiture may be regularly entered.</p> <p>2. Pleading. A plea which neither denies any material allegation in the declaration, nor confesses and avoids, is technically had, on demurrer.</p> <p>3. Same—applied to a plea to a sci. fa. on recognizance. So, where a scire facias upon a recognizance shows that the term of court at which the principal cognizor was to appear was not held, and that a forfeiture was entered at the succeeding term, a plea to the scire facias, in which the sureties alleged that their principal did appear at the term which was not held, and did abide by all the orders of the court made at said term, was technically bad, as it neither denied any material averment in the scire facias, nor was it a plea of confession and avoidance.</p> <p>4. Judgment on forfeited recognizance—its requisites. In a proceeding by scire facias on a recognizance, a judgment was rendered for the amount of the penalty, and it was held not to be erroneous, although an order merely awarding execution would have been sufficient, and perhaps technically more accurate.</p>