Commonwealth v. Rowland

CHIEIT JUSTICE DUVALL

delivered the opinion op the court:

Rowland, being in custody on a charge of felony, entered into a recognizance, with Lady and others as his sureties, in the sum of three hundred and fifty dollars, for his appearance at the next term of the Lyon circuit court. Having failed to appear, the bond was declared forfeited, and a summons awarded requiring the defendants to show cause why judgment should not be rendered against them for the sum specified.

The defendants answered, alleging, in substance, that, at* the time stipulated in the bond for his appearance, he was held and…