State v. Gilbert

The defendants have .appealed from a judgment against them upon a forfeited appearance bond.

The Clerk certifies that the record contains all the documents filed, proceedings had, and evidence adduced, in the case.

The defendants opposed the forfeiture of the bond in the Court below, on the special ground that there was no order of Court authorizing the Sheriff to *533take the bond, and that it was not taken by the Judge, or by any person duly authorized.

The bond is attested by the Deputy Sheriff, and does not appear to have been taken in open Oourt.

We find no order of the Court admitting the…