Adams v. Moore

Atkinson, Justice.

(After stating the foregoing facts.) A

controlling question is whether the evidence demanded a finding by the trial court that the terms of the ne exeat bond had been breached.

There was a' conflict in the evidence as to whether or not the defendant had violated the first condition of the bond, to wit, that he should not remove beyond the jurisdictional limits of the State, and accordingly it can not be held as a matter of law that the trial judge abused his discretion, as contended, in refusing to declare the bond forfeited on the ground that the defendant had absented…