{
  "id": 1873808,
  "name": "Miller et al. vs. The State",
  "name_abbreviation": "Miller v. State",
  "decision_date": "1880-05",
  "docket_number": "",
  "first_page": "276",
  "last_page": "278",
  "citations": [
    {
      "type": "official",
      "cite": "35 Ark. 276"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T19:23:57.212153+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Miller et al. vs. The State."
    ],
    "opinions": [
      {
        "text": "English, C. J.\nIt appears from the transcript in this case, that on the seventeenth of August, 1877, John H. Cockram, being in custody before a justice of the peace of Scott county, charged with a criminal offense, R. L. Miller, B. J. E: Trotter, E. M. Await and Thomas Davenport executed a bail bond for his appearance at the next term of the circuit court of that county.\nAt the appearance term, Cockram made default; a forfeiture was. entered upon'the bond; a capias ordered for him, and a summons upon the forfeiture, to his sureties.\nAt the return term, June, 1878, the sureties in the bail bond entered a demurrer, in short, to the scire facias, and the cause was, by consent .of parties, continued. At the following November term the demurrer was overruled, and defendants asked and were granted leave to answer, but failing to do so, final judgment was rendered against them at the same term for $1,000, the penalty of the bail bond, and they afterwards obtained grant of appeal by the clerk of this court.\nNo brief has been filed for appellants, and on what ground the appeal was taken, does not appear.\nThe bail bond appears to be substantially in good form, and the forfeiture seems to;have been regularly entered.\nThe summons Issued upon the forfeiture is not in the transcript, but the judgment entry recites that it appears to the court-that it had been duly served and returned.\nMoreover, appellants entered a demurrer; consented to continuance, and on the overruling of the demurrer, asked and obtained leave to answer, but failed to do so. These \u00b6 > . , .,. were substantive acts constituting an appearance.\nUnder the former practice'a scire facias upon forfeiture of a bail bond answered the purpose of both declaration and writ, and if it failed to allege facts sufficient to constitute a cause of action, would not sustain a. judgment by .default. See cases cited in Rose\u2019s Digest, title Scire Facias.\n2 criminal\nbadibonds!\nNow no pleadings are required on the part of the state, but a summons is issued upon the forfeiture, as in a civil suit (Gantt\u2019s Dig., sec. 1743), which is not the subject of demurrer (Ullery v. Town of Fort Smith, ante), but might be quashed on motion, if fatally defective under the liberal rules of amendment applicable to writs in other civil suits. Matters of defense to the merits may be set up by answer, as in other actions.\nFinding no substantial error in the record, the judgment must be affirmed.",
        "type": "majority",
        "author": "English, C. J."
      }
    ],
    "attorneys": [
      "Henderson, Attorney General, for appellee.'"
    ],
    "corrections": "",
    "head_matter": "Miller et al. vs. The State.\n1. Pleading and Practice: Appearance: What constitutes.'\nThe filing of a demurrer, consenting to a continuance, and on overruling the demurrer obtaining leave to answer, are substantive acts constituting an appearance.\n2. Cbiminal Pbaciice : Forfeited bail bond: No pleadings on by state.\nNo pleadings are required from the state on forfeited bail bonds. A summons issues upon the forfeiture, as in civil actions, which, if fatally defective, is not subject to demurrer, but may be quashed on motion. Matters in defense on the merits may be set up by answer as in civil actions.\nAPPEAL from Scott Circuit Court.\nHon. J. H, Rogers, Circuit Judge.\nHenderson, Attorney General, for appellee.'\na-j.pLEADINa \u00edira:PEA0\u201d\naneef'What constitutes"
  },
  "file_name": "0276-01",
  "first_page_order": 274,
  "last_page_order": 276
}