People v. National Automobile & Casualty Insurance

Opinion

HASTINGS, J.

National Automobile and Insurance Company, appellant, filed its bail bond in the amount of $5,000 on behalf of defendant, Thomas Collins. After defendant failed to appear, bail was forfeited. A motion to set aside the forfeiture and exonerate bond was timely filed but was denied. This appeal followed.

The pertinent facts are as follows:

On November 13, 1975, defendant failed to appear and Mr. Kamins, his counsel, advised the court that “Mr. Collins’ mother—I am informed by the clerk—called this morning and said he had been in some kind of automobile accident.” Mr. Kamins…