Legal Opinion

Commonwealth v. Nelson

Fairfax County Circuit Court

Decided October 17, 1996No. Case No. (Crim.) 29306; Case No. (Crim.) 62348; Case No. (Crim.) 70356; Case No. (Crim.) 71601Published

1Opinion of the Court

By Judge Thomas S. Kenny

Cunningham & Mills Bonding Co. filed a petition to be relieved of the various judgments entered against it when the above-referenced defendants failed to appear for trial or other required appearance.

In each of these cases, it appears from the file that the defendant in question was returned to the jurisdiction of this court within sixty days of the date of forfeiture. Va. Code Ann. § 19.2-143 provides, in pertinent part:

When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear…

2Cases cited8 opinions

  1. Rook v. RookSupreme Court of Virginia · 1987
  2. Farant Investment Corp. v. FrancisSupreme Court of Virginia · 1924
  3. Parrish v. JesseeSupreme Court of Virginia · 1995
  4. County School Board of Tazewell County v. SneadSupreme Court of Virginia · 1956
  5. Commonwealth Ex Rel. Dummit v. Jefferson CountyCourt of Appeals of Kentucky (pre-1976) · 1945

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