Hogan v. State ( 1861 )

Mr. Justice Compton

delivered the opinion of the court.

In this case, the scire facias does not show that the recognizance was entered into before the court in which the prosecution was had, or before any of the officers authorized by law to take it. The judgment by default cannot, therefore, be sustained, according to the principle decided in Darby vs. The State, 21 Ark. 523.

The judgment must be reversed, and the cause remanded for further proceedings.