State Ex Rel. Wilson v. Reger

Opinion by

ESTES, C.

The State of Oklahoma ex rel. C. B. Wilson, county attorney of Garfield county, sued, in the district court, Prank' Reger, principal, and J. P. Kabetzke, surety, upon bail bond given by defendant Reger for the latter’s appearance in the county court on a charge of violating the prohibitory laws. Service was upon and defense made only by said surety. Judgment was for defendant, a jury being waived.

It appears that at the time this suit was filed, the motion of defendant Kabetzke was pending in the county court to vacate the forfeiture and was undisposed of. Section 2927,…