Surety Insurance Co. of California v. State

OPINION

GREEN, Commissioner.

This is an appeal from a judgment in a bond forfeiture proceeding wherein the surety alone appeals.

Appellant contends in his sole ground of error that “the trial court erred in not setting aside the bond forfeiture inasmuch as the bond upon which the forfeiture is predicated is not a valid and binding undertaking in law.”

At the trial before the court to show cause why the judgment nisi should not be made final, the State placed into evidence the following instruments:(1) An appearance bond dated and approved July 14, 1971, in the amount of $5,000.00 executed in…