Commonwealth v. Terry

JUDGE ROBERTSON

delivered the opinion of the court:

To a scire facias on a forfeited recognizance for the appearance of Willis Field to answer an indictment against him, the appellees, proceeded against as his sureties, answered that, on the day fixed for his appearance, he, being a soldier in the Federal army, at a remote distance from the court, was refused a furlough, which he solicited, to enable him to attend in discharge of his recognizance, which he would have done had he not been thus prevented, without his fault and against his will. This, if true, was a sufficient defense — and was…