State v. . Eller

Respondent’s contention that the judgment absolute is voidable and unenforceable for that the sci. fa. was not served on the principal cannot be sustained. Bond Co. v. Krider, ante, 361. Its further contention, that the fact that the principal on the bond had been arrested by officials of another county of this State and was tried and sentenced and was actually in custody of State officials at the time the case was called for trial constitutes a valid defense and that the judgment absolute was prematurely pronounced presents a more serious question.

The authorities seem to be in substantial…