Sass v. State

Citations

• 8 Tex. Ct. App. 426

Syllabus

<p>1. Scire Facias —Practice. — When service of scire facias was had on some only of the sureties on a joint and several bail-bond, it was competent for the State to dismiss as to those not served, and proceed to judgment against the principal and the sureties who had been duly served.</p> <p>2. Same —Judqment. — On a forfeited joint and several bail-bond, judgment nisi was erroneously entered against the principal and each surety, separately, for the entire amount of the bond; but by the final judgment the State took but one recovery against the principal and the surety cited. Held, that the final judgment corrects the error in the judgment nisi, and is itself correct.</p> <p>8, Same — On Error.—Judgment final rendered by default on a judgment nisi will not be reversed on error because of mere formal and immaterial defects in the scire facias, not objected to in the court below.</p>