Wills v. State

Citations

• 4 Tex. Ct. App. 613

Syllabus

<p>1. Recognizance. — “Assault to murder” is, in a recognizance, a sufficient designation of the offense of assault with intent to murder.</p> <p>2. Final Judgment — Writ of error lies only to a final judgment; and, in an action against joint defendants, such a judgment makes a final disposition of the case as to every defendant against whom the suit is pending when the judgment is rendered. It is error, therefore, in such a case, to ignore an unserved defendant and render judgment final against those served with process.</p> <p>3. Same—Case Stated.—Scire facias on judgment nisi against six cognizors was served on all but one, and, without discontinuance or abatement of the suit as to him, judgment final by default was rendered against the five served. Held, error.</p> <p>4. County Courts.—It being settled that scire facias proceedings on forfeited recognizances and bail-bonds are criminal cases, the County Courts have no power, at their civil terms, to adjudicate in such cases.</p> <p>5. Same—Practice.—This court takes cognizance of the terms of the County Courts provided for by the statute; but if a County Court has, in accordance with the statute, changed the time of holding its criminal terms, and the change affects the validity of a judgment appealed to this court, the transcript should show the change so made.</p>