1 Ind. 359 | Ind. | 1849
Scire facias against David N. Lorance, Curtis Cook, and George Rice, to require them to show cause why the state should not have execution upon a forfeited recognizance. The recognizance was joint, and was conditioned that the said Lorance should appear at the then next term of the Warrick Circuit Court to answer to an indictment for an assault and battery with intent to commit murder. Upon the return of the scire facias, and before any further proceedings were had, Cook and Rice, who were sureties of Lorance, brought the body of the latter into Court and he was taken into custody. The sureties were then discharged from further liability on the recognizance, upon payment of costs. Lorance moved the Court to discharge him also, but his motion was overruled, and judgment was rendered that the state have execution against him, &c.
It is contended by the appellant that, as he was bound jointly with his sureties by the recognizance, the discharge
The judgment is affirmed with costs.