Vaughan v. State

Citations

• 29 Tex. 273

Syllabus

<p>Article 412 of the Code of Criminal Procedure reads as follows: “ Sureties shall be entitled to notice by service of a citation, the length of time, and in the manner required in civil actions; and, if any surety fail to appear after such notice, and show sufficient cause for the non-attendance of the defendant, the judgment against him shall be made final, at any time after the expiration of the time allowed for answering in a civil suit.” (Paschal’s Dig., Art. 2883, Note 729.) The mode of executing all service, where not otherwise directed by law, is prescribed by the 14th section of the act to regulate proceedings in the district court; and it is by delivering the defendant a copy of the writ and the petition accompanying it. (Paschal’s Dig., Art. 1433, Note 545.)</p> <p>Where a scire facias alone was to be served upon two defendants, the return of the sheriff must show that a copy was delivered to “each” defendant.</p> <p>Service of a scire facias upon the principal in a forfeited recognizance is not necessary; but a final judgment should be rendered against him as well as his sureties. (Paschal’s Dig., Art. 2881, Note 727.)</p>