Westbrook v. Westbrook

Felton, Chief Judge.

The condition of the bond is that: “if the said Rudene Westbrook, defendant, shall be forthcoming to answer to the complainant’s claim, or shall abide by the order and decree of the court, then this bond to be void; else of full force and virtue.” The contention of the defendant in error is that, since the defendant Rudene Westbrook, has not at any time failed to be and appear in person in court when so ordered, there has been no breach of the condition of the bond. This contention is erroneous for the reason that the conditions of such a bond are complied with when the…