7 Ga. App. 653 | Ga. Ct. App. | 1910
In response to the rule nisi calling upon Collins to show why a criminal recognizance on which he was surety for the appearance of one Holmes should not be forfeited, the surety demurred to the scire facias generaDy, upon the ground that the proceeding set forth no cause of action, and especially because the scire facias failed to show that the case of his principal was called in its order on the docket, and that when it was so called the State was then and there.ready for trial. The court overruled the demurrer, and exception is taken to this ruling.