State v. Howell
| Decision Date | 31 July 1848 |
| Parties | THE STATE OF MISSOURI v. HOWELL & SHANKS. |
| Court | Missouri Supreme Court |
APPEAL FROM BUCHANAN CIRCUIT COURT.
Howell was arrested in vacation, by the sheriff of Buchanan county, for a contempt offered to the Circuit Court. The sheriff took from him a recognizance to appear at the next term of the court to answer for the offense. The party not appearing a forfeiture was taken on which a scire facias issued. A demurrer to the scire facias was sustained by the Circuit Court. There is no law authorizing a sheriff to take a recognizance under the circumstances in which this was taken; therefore, his act was without authority and void.
The other Judges concurring, the judgment will be affirmed.
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2 cases
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State ex rel. Owens v. Fraser
... ... R. S. 1899, secs. 2543 to 2556. (3) "It did ... not and does not pertain to the office of sheriff at common ... law to take a bail bond in felony cases." 3 Am. and Eng ... Ency. Law (2 Ed.), 660; 1 Edw. IV., C. 2; 1 Black Com., 409; ... State v. Walker, 1 Mo. 546; State v ... Howell, 11 Mo. 613; State v. Hill, 3 Ired. (N ... C.) 398; Jacquemine v. State, 48 Miss. 280 ... "The giving and taking of bail is now limited, regulated ... and controlled by statute. A bail bond partakes very little ... of the nature of a contract between the parties in whose name ... it is ... ...
- Asbury v. Flesher