10 Kan. 630 | Kan. | 1873
This was an action on an instrument in writing claimed to be a criminal recognizance. The action was brought by the county attorney of Washington county in the name of the State against Edward Ingram, J. C. Hebbard and J. B. Snider, who appear to have executed the said instrument in writing as sureties for the appearance of D. A. Ingram at the next term of the district court of said county to answer to the charge of grand larceny. The defendants (now plaintiffs in error) claim that the said instrument is void upon its face for the following reasons: First, said instrument is not in form a recognizance, but is in form merely a penal bond; second, said D. A. Ingram did not sign or execute said instrument; third, the initials only of the Christian name of said D. A. Ingram are given in said instrument, his full ohristian name not being given.
Another case between the same parties (except that the action below was upon another recognizance,) was brought to this court, and heard and decided with this case. In said' cause the opinion of the court is as follows:
The questions involved in this case being precisely the same as those involved in the case of Ingram,, et al., v. The State, just decided, the decision' and judgment will be the same as in that case.