State Ex Rel. Williams v. Smith

John 1). Smith was charged in the district court with the crime of murder and made his appearance bond in the sum of $10,060. The defendants in the present action, who .are also the defendants in error, were his sureties on the appearance bond.

John Smith failed to appear on the date for his trial, and the court ordered his bond forfeited and directed the county attorney to file suit against the sureties thereon. The county attorney filed suit, the defendant, sureties filed motions to quash and dismiss, demurrer and answer. The case proceeded to trial, the defendants appearing by their…