Briggs v. State

ON REHEARING.

June 9, 1920.

LATTIMORE, Judge.

Appellant Guertler has filed a motion for rehearing, urging that we erred in holding that no sufficient excuse was shown for his failure to file his answer in the trial court prior to the taking of a final judgment upon the forfeited bond. The only excuse or reason suggested by the record for such failure, was that an attorney whom appellant had employed, failed to file any answer. It is not even attempted to be shown that said attorney was in any wise prevented, or was unable to file such answer, or that he was misled; in fact, there is no effort on…