Marx v. State

Citations

• 61 Miss. 478

Syllabus

<p>1. Scire Facias. Not reciting date of judgment nisi. Judgment final.</p> <p>When the scire facias fails to recite the day or term of court when the judgment nisi was rendered, and a plea of nul tiel record is interposed, it is error to render judgment final without first amending the writ.</p> <p>2. Same. Appellate proceedings. Amendment.</p> <p>When the record fails to show the date of the judgment nisi in proceedings on a forfeited recognizance the ease will be reversed on appeal, and amendment allowed when the case returns to the lower court.</p> <p>3. Recognizance. Judgment against one surety. Dismissal as to others.</p> <p>Where the return on the scire facias shows that the principal and all the sureties</p> <p>on the bond, except one, could not be “ found,” it is not error to dismiss as to those not “ found” and to proceed to judgment against the surety served. Pounds v. The State, 60 Miss. 925.</p>