State Ex Rel. Sullivan v. Littrell

Opinion by

MAXEY, C.

The original opinion in this case followed the case of McIntosh et al. v. State, 97 Okla. 134, 224 Pac. 702, and does not properly distinguish between that case and the instant case. In the McIntosh Case the proceeding was to vacate and set aside the forfeiture. The motion to set aside the forfeiture in the McIntosh Case was filed the day after the forfeiture was taken, and under the facts in that case, this court held that the court below should have set aside the forfeiture on the showing made in that ease. In the instant case, the sureties did not attempt to have the…