Thompson v. State

4 Blackf. 188 | Ind. | 1836

M’Kinney, J.

The Circuit Court, for an alleged contempt, ordered a fine of 20 dollars to be entered against each of the plaintiffs in error. A joint scire facias issued on that order, requiring the defendants below to show cause why a capias pro fine should not issue against them. The defendants appeared, and moved to quash the scire facias; which motion being overruled, they then demurred; their demurrer was also overruled; and a judgment entered, awarding execution against each defendant severally.

The scire facias cannot be supported. There, was no privity between the defendants. The fine was against each severally, and there was, consequently, no ground for a joint scire facias.

I. Naylor, for the plaintiffs. W. Herod, for the state. Dewey, J., was absent. Per Curiam.

The judgment is reversed. Cause remanded, &c.