Scott v. People

Opinion by

Mr. Justice Allen.

This is an action wherein the plaintiff in error is sued as surety upon a bail bond.' Upon trial the court found the, issues of law and of fact for the plaintiff and against the defendant. The plaintiff in error, defendant below, duly filed his motion for new trial. Before the motion for a new trial was disposed of, and at the hearing thereon, the defendant showed to the court that he had surrendered the principal to the sheriff, and had paid the costs which had accrued in the criminal action in which the bail bond had been given, and also the costs in this action.…