People v. Continental Casualty Co.

Motion to remit forfeiture is granted. At the time the case was called for trial in General Sessions, the defendant was in the United States Army and the court was *6advised of that fact. Under the circumstances, the State courts are bound by the provisions of the Federal Soldiers’ and Sailors’ Civil Relief Act of 1940 (U. S. Code, tit. 50, Appendix, § 513, subd. [3]), particularly subdivision (3): “ Whenever, by reason of the military service of a principal upon a criminal bail bond the sureties upon such bond are prevented from enforcing the attendance of their principal and performing their…