uncontested judgment nisi recital that the defendant’s name was called at the “courthouse door” served as conclusive proof
How later courts described this case
- uncontested judgment nisi recital that the defendant’s name was called at the “courthouse door” served as conclusive proof
- denial of execution, failure of principal to appear, whether name called at courthouse door, and reason for non-appearance all fact issues
- opinion on State’s second motion for rehearing
- opinion on second motion for rehearing
Written by the judges who cited it.
The opinion
ON STATE’S SECOND MOTION FOR REHEARING
ONION, Presiding Judge
(dissenting).
Believing that this cause was correctly decided on original submission, I dissent. Further, I believe appellants were denied their right to trial by jury.