Rietzell v. People

Citations

• 72 Ill. 416

Syllabus

<p>1. Scibe facias—performs office of both writ and declm'ation. A scire facias issued upon a recognizance for the appearance of a defendant to answer to a criminal charge, performs the office of a declaration as well as process, and a default admits the facts alleged in the writ.</p> <p>2. Recognizance—proceedings upon forfeiture. Where the law in force at the time a recognizance is entered into provides for issuing a scire facias, upon the forfeiture of the recognizance, against the principal and his surety, to show cause why judgment should not be entered, etc., and for rendering a judgment by default upon the return of such scire facias that the defendants can not be found, unless they appear and defend, it is proper, when the writ of scire facias is returned not found, and the defendants do not appear, to enter a judgment against them for the amount of the recognizance. Such law is not in contravention of the letter or spirit of the constitution.</p>