State v. Ward

All of appellant’s propositions of law relate to the procedure employed by the trial court in awarding judgment in favor of the state in the amount of the bond. Appellant urges that the provision of R. C. 2937.36, requiring notification of the surety on a bail bond to show cause why judgment should not be entered against it, following forfeiture, is mandatory; that the failure of the trial court to comply with the mandatory notice requirement of R. C. 2937.36 excuses the surety from liability until such time as a show cause hearing is held; and that a three-month delay in notifying the surety…