State v. Casey
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. Wtuijam Wixxiamson, Judge. Action by the State of South Dakota, against William Casey and C. J. Hollenback, to recover upon a bail bond. From an order sustaining a demurrer to the answer, defendants appeal. (i) To point one of the opinion, Appellant cited; 3 R. C. L. 49, Secs. 58-9. Respondent cited: State v. Breen, 6 S. D. 537; 5 Cyc. p. 47; 6 C. J. p. 1943; Cameron v. Burger, (Oreg.) 120 Pac. 10.
1Opinion of the CourtSmith, J.
Appeal from an order overruling plaintiff’s demurrer to defendants’ answer. One John Dillon was arrested *313upon a criminal charge. Defendants 'became sureties upon his appearance bond. The accused failed to appear for trial, as required by the conditions of said bond or undertaking, whereupon, by proper proceedings in the trial court, said • bond was duly declared forfeited, and the defendants, as sureties, required and directed to pay the penalty of such bond. Defendants neglected and refused to make such payment, whereupon this action was brought. Defendants’ answer alleges that prior to the…
2Cases cited8 opinions
- Edwards v. StateSupreme Court of Oklahoma · 1913
- Commonwealth v. SkaggsCourt of Appeals of Kentucky · 1913
- Woodring and Howard v. StateCourt of Criminal Appeals of Texas · 1908
- United States v. StevensUnited States Circuit Court · 1883
- Cameron v. BurgerOregon Supreme Court · 1912
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3Cited by2 opinions
- Worth v. StateOhio Court of Appeals · 1931
- State v. LawrenceSouth Dakota Supreme Court · 1923