Hickey v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Ft.' Smith District; J ohm Brissolara, Judge; The court erred in refusing to set aside the forfeiture on the bond, and thereby abused its discretion granted under the act. Crawford & Moses’ Digest, Sec. 2974; 3 Amer. & Eng. Ency. of Law, (2nd Ed.) p. 724; 176 Fed. 672; 20 A. & E. Ann.
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Appeal from Sebastian Circuit Court, Ft.' Smith District; J ohm Brissolara, Judge; The court erred in refusing to set aside the forfeiture on the bond, and thereby abused its discretion granted under the act. Crawford & Moses’ Digest, Sec. 2974; 3 Amer. & Eng. Ency. of Law, (2nd Ed.) p. 724; 176 Fed. 672; 20 A. & E. Ann. Cas. p. 1255; 9 A. & E. Ency. of Law, (2nd Ed.) p. 473. The decision of the trial court upon the facts is, in legal effect, the equivalent of the verdict of a jury and is not subject to review upon this appeal. 48 S. E. 604; 59 Southern 718. The forfeiture of the bail bond…
1Opinion of the CourtMcCulloch, C. J.
Appellant became bail for one Hagan, who was under indictment in the circuit court of Sebastian County, Fort Smith District, on the charge of felony, and when the principal failed to appear the court declared a forfeiture on the bond. Thereafter, during the term, the principal was taken into custody through the efforts of appellant and lodged in jail awaiting trial under the indictment.
This is a summary proceeding on the bond, and appellant pleads the right of discharge from liability on the ground that he was not at fault and was instrumental in returning the principal to custody after the…
2Cited by8 opinions
- State v. JimasWashington Supreme Court · 1932
- State v. Van WagnerWashington Supreme Court · 1942
- M & M Bonding Co. v. StateCourt of Appeals of Arkansas · 1997
- Central Casualty Co. v. StateSupreme Court of Arkansas · 1961
- Tri-State Bonding Co. v. StateSupreme Court of Arkansas · 1978
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