The Republican journal., 1909-08-12
JUDGMENT FOR THE STATE.
Decisions of the Law Court in Cases of
Bondsmen of Alleged Liquor Sellers.

The Law Court last Saturday handed down
Two rescrlpts in Waldo county cases in winch
the defendants were alleged liquor dealers, and
s oondsmen, giving judgment in each case
lor the State. Both rescripts were drawn by
Associate Justice Leslie C. Cornish of Augusta
The first case is entitled State in scire facias
versus infeld S. Edminster, Ben D. Field and
william A. Clark, and is as follows:
oelre faclas upon recognizance before the
Judge OF the police court of the city OF Bel
LAST. Inc defendants pleaded null tel record,
ana the case comes to this court on exceptions
10 the ruling Of the presiding justice admit
eing the recognizance in evidence and giving
judgment for the State upon the introduction
OF the record of default of the defendants on
said recognizance
1.-The defendants contend that in three
spects there was fatal variance between the
allegations in the writ and the recitals in the
recognizance and record.
Held, l.. That there is no fatal variance
between the allegations in the writ, that under
the recognizance Edminster was TO appear
before the Supreme judicial court and answer
TO complaint now pending in said court for
keeping and depositing Intoxicating liquors at
Belfast etc, while the conditions of the rec
ognlzance was to appear and prosecute his
said appeal
ITO appear in the higher court and answer
to complaint there pending, necessarily i'm
plies that it is pending there on appeal. The
IL
shows that the higher court could have no
original jurisdiction of the matter and if
pending there it must be on appeal. The al
legation in the writ and the recital in the rec
ognlzance are in effect only different methods
OF stating the same fact.
go. That the claim of variance between the
allegation in the writ that the recognizance
was taken before 'Reuel w. Rogers, judge of
the police court of the City of Belfast, and
the recital in the recognizance that it was
taken at police court holden at the police
court room in said city, is without merit. The
words are equivalents. One court and one alone
las designated.
"3. That the word Indictment instead of
complaint used in the writ is mere clerical
error, self evident and harmless After alleg-
ing that these three defendants gave the rec
ognizance in question "a complaint and that
the principal had made default 'on said COM
plant the ayerment that the sureties in the
same recognizance had defaulted 'on said in
dlctment is such an apparent clerical error and
refers SO Enthusiastically to the complaint already
set forth that no one could be misled thereby -
Exceptions overruled."
The second case is that of State in Scire
Facias vs.. Winfield S. administer, L. L. Gent
is as follows:
'Thls is an action of scire facias upon a rec
ognizance taken before the Supreme Judicial
| court Tor Waldo county at the January term
1908, and comes to the law court on report
NO defence on the merits is presented tc
this court but the suggestion is made that the
report does not show service of the writ upor
the defendants. This claim must have beer
interposed simply for delay. If necessary the
report could be discharged in order to have the
commission supplied, but that is unnecessary as
there was general appearance for the de-
PENDANTS by counsel and lack of service if an,
was thereby cured
Judgment for the State for $500 and costs.