Pruitt v. State Ex Rel. Farris

This action was brought by the defendant in error against the plaintiffs in error to recover the penalty named in a forfeited appearance bond. The issue joined by the answer was that the action was premature. Trial was had to the court without the intervention of a jury and resulted in a judgment in favor of the defendant in error.

The sole issue which this appeal presents for determination is one of law. The relevant facts are not in dispute and are substantially as follows: The principal named in the appearance bond deliberately breached its terms by refusing to appear when trial of his case…