Pounds v. State

Citations

• 60 Miss. 925

Syllabus

<p>1. Scire Facias. Plea ofnul tiel record. When not double.</p> <p>Where the defendant in a scire facias purporting to have been issued upon a judgment nisi based upon a forfeited recognizance files a plea of nul tiel record averring that no such “ bond” and judgment as set out in the scire facias are of record, theplea is not demurrable as being double in attacking both the recognizance and the judgment nisi, the averment referred to being simply a statement of two defects in one and the same record.</p> <p>2. Same. Amendment thereof.\\ how and when made.</p> <p>Ascirefaeias, beingboth a pleading and process, may be amended, upon leaveof the court, to conform to the judgment nisi upon which it is based, where the two do not correspond and the defence of nul tiel record is pleaded. Tucker v. The State, 65 Miss. 452, cited.</p>