Rutledge v. State

Citations

• 36 Tex. 459

Syllabus

<p>John Rutledge and one P., were sureties on a bond. The bond was forfeited, and a scire facias was issued and placed in the hands of the sheriff, who made return of service on the defendant John Rutledge. Aparty named John Rutledge appeared and pleaded non est factum. The court below refused to allow him to impeach the judgment nisi, by his plea of non est factum, without first showing that he was the person on whom the scire facias was served; and as he failed to do this, judgment absolute was rendered. Held not to be error; the record shows a good and valid judgment against John Rutledge, and if the execution issues against the wrong person, his remedy is by injunction.</p>