United States v. Duke

(after stating the facts as above). The surety company relies on Joelson v. U. S. (C. C. A.) 287 F. 106, and U. S. v. Mace (C. C. A.) 281 F. 635. I think neither of these eases are decisive.

In the Joelson Case there was no particular time and no particular place when and where the defendant was to appear, and the court said, at page 109:

“Under the terms of the contract, Rosen was under no obligations whatever to appear at any time or place before the court. This omission of the condition was a fatal defect, and the recognizance was a nullity.”

In this case, the court, the place, and the time…