Thomas v. Territory of Arizona

Citations

• 10 Ariz. 180
• 85 P. 1063
• 1906 Ariz. LEXIS 118

Syllabus

<p>1. Bail-Bond — Action on Complaint — Sufficiency—Rev. Stats. Ariz. 1901, Par. 1282, Cited. — A justice of the peace in holding a person to answer before a grand jury acts as a committing magistrate, and as such officer has general jurisdiction; therefore a complaint in action on a bail-bond was sufficient without alleging the jurisdiction of the justice, or that the order holding the defendant to answer was duly made, as provided by paragraph 1282, supra. “In pleading a judgment or other determination of a court or officer of special jurisdiction it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. . . .”</p> <p>2. Same — Same — Validity — Where Signed by Sureties without Principal — Rev. Stats. Ariz. 1901, Pen. Code, Secs. 1074, 1076, 1077, 1084, Construed. — Where a defendant has been held to answer after examination by a justice of the peace, a bond conditioned that he will appear and answer the charge is valid without the signature of the principal under sections 1074, 1076, 1077, 1084 supra, providing that when a defendant gives bail for his appearance before the magistrate upon the examination of the charge and when he gives bail after the indictment that the bail-bond shall be signed by the defendant, there being no similar provision for the form of the bail-bond when it is given for the defendant to appear in the court above upon being held to answer after examination.</p> <p>3. Same — Same—Judgment—Form.—A judgment in an action on a bail-bond that plaintiff recover of each defendant the amount for which he was obligated, the total being in excess of the amount of the bond, was improper and should have provided that the plaintiff have and recover judgment against the defendants in the amount specified in the bond, and that of such sum the plaintiff have and recover of each individual defendant the amount for which he is obligated, and that payment of such su