State v. Smith

The opinion of the court was delivered by

Mason, J.:

Harvey Smith, charged with a felony, was arrested and brought before a justice of the peace for examination. The hearing was postponed and he entered into a recognizance for his appearance, J. W. Smith becoming his surety. He failed to appear at the time set and the justice made an order adjudging the forfeiture of the bond. Within a few days the recognizance, with a transcript of the proceedings, was cerT tilled to the clerk of the district court, and an action was begun against the surety. Judgment was rendered *241against the defendant and he…