Odiorne v. State

Citations

• 37 Tex. 122

Syllabus

<p>1. In a suit on a forfeited bail bond, the sureties, being served with scire facias, appeared at the next term of the court, and filed their answer, setting forth reasons why judgment final should not be rendered against them. On motion of the district attorney their answer was stricken out because it was not sworn to, and judgment final was rendered against them. Held, to be error. The statutes of this State do not require that an answer to a scire facias upon a forfeited bail bond should in any case be sworn to.</p> <p>3. The law prescribing the manner of taking forfeitures of recognizances and bail bonds requires that the names of the defendant and his sureties be distinctly called at the court-house door; and it will not suffice to call the name of the defendant alone.</p>