636 CASES IN THE SUPREME COURT [23 Ark. Hogan et al. vs. The State. [DECEMBER HOGAN ET AL. VS. THE STATE. &ire facias on recognizanevlefeetive as in Darby vs. State; 21 Ark. 523 (State vs. &Alain, ante.)
25 A rk.; OF THE STATE OF ARKANSAS. 637 TERM, 1861.1 Error to Prairie Circuit Court. JORDAN for Plaintiff. FAUST for the State.. 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.
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