Wallen v. State

Citations

• 18 Tex. Ct. App. 414
• 1885 Tex. Crim. App. LEXIS 122

Syllabus

<p>L Scire Facias.—Bail Bomb, to be sufficient, must, as one essential, bind the obligors that the defendant will appear before the proper court or magistrate to answer the accusation against him. The indictment in this case was presented and pending in the district court of Frio county, and the bond was conditioned for his appearance before the district court of Kinney county. Held, that the bond was absolutely void, and cannot therefore be made the basis -of a valid judgment either nisi or final. See the.opimon in extenso on the question.</p> <p>8. Same. — A bail bond is strictly a statutory bond, and to entitle the State to a forfeiture thereon, the bond must contain all of the requisites prescribed by statute. Hence, the principles of equity as applied to private contracts cannot be invoked in the construction of a bail bond.</p>