Stewart v. State

The appellant appealed to this court from a conviction of a felony. He was granted bail pending the appeal, and executed a bond therefor in the penalty of one thousand five hundred dollars, with D. H. Crosby, W. L. Crosby, and M. D. Hollis as sureties thereon. He failed to appear before the court to receive judgment as provided by section 4935, Code of 1906 (section 3416, Hemingway’s 1927 Code), and a forfeiture on his bond was taken. A judgment nisi was rendered, and process was issued for, and served on, his sureties.

In an answer filed by the sureties, they state that they have been unable…