Lytle v. People

Citations

• 47 Ill. 422

Syllabus

<p>1. Scire facias—judgment on when principal not served. Where a forfeiture is taken upon a recognizance and a scire facias sued out, it is error to render final judgment thereon, against both principal and bail, where the former is not served, unless there has been a return as to him of two nihils, or his appearance has been entered.</p> <p>2. Variance—misnomer. Where the principal in a recognizance is, in the body thereof, named as Joseph Little, and it is executed in the name of Joseph Lytle, it is not error to admit such recognizance as evidence under a scire facias against Joseph Lytle, reciting the execution of the recognizance by the latter name.</p> <p>3. Had the name in the body of the instrument been so far different as to have indicated that the person executing it might not be the same person named in the body, the scire facias should have contained an averment of identity.</p>