Pearson v. State

Citations

• 7 Tex. Ct. App. 279

Syllabus

<p>1. Bail-Bonds in Transferred Cases. — Bail-bonds and like obligations bind their makers for the appearance of the principal obligor, not only in the court designated therein, but in any other court to which his case may he transferred by operation of law; and the makers must take notice if Constitutional and statutory provisions authorizing and regulating such transfers. Sureties, therefore, on a bail-bond made in 1875, and conditioned for the appearance of their principal in a District Court to answer a charge of misdemeanor, are liable for his failure to appear in the County Court to which his case was transferred under the provisions of the Constitution of 1876, and of the laws passed in pursuance thereof.</p> <p>2. Scire Facias should state every thing necessary in a petition as well as a citation. It should recite the presentment of the indictment, the offence charged, the issuance of the copias, the arrest of the principal by virtue thereof, the execution, stipulations, and condition of the bond or recognizance, the breach of the condition, and the entry of the judgment nisi; and it should command the officer to cite the defendants to appear before the proper court, at the proper time, to show cause why the j udgment nisi should not be made final. .</p> <p>3. Transcripts on appeals from County Courts in cases transferred thereto from District Courts should contain the orders of transfer, properly authenticated.</p>