People v. Wolf
California Supreme Court
Appeal from the Seventh District. Suit on a bond given by defendants for the appearance, etc., in the Court of Sessions, of one Diehl, indicted for exposing poison to cattle. At the term of Court following the execution of the bond, the District Attorney presented affidavits that Diehl was absent from the State, and moved that he be called for arraignment on the indictment, and, in default of appearance, that his bond be forfeited.
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Appeal from the Seventh District. Suit on a bond given by defendants for the appearance, etc., in the Court of Sessions, of one Diehl, indicted for exposing poison to cattle. At the term of Court following the execution of the bond, the District Attorney presented affidavits that Diehl was absent from the State, and moved that he be called for arraignment on the indictment, and, in default of appearance, that his bond be forfeited. Whereupon, H. Mills, an attorney at law, stated that he was duly authorized to appear for said Diehl; that he had previously filed a motion to set aside the…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
This was an action on a forfeited recognizance. The principal in the bond was called, and the recognizance declared forfeited, for want of the appearance of the principal in the Court of Sessions of Contra Costa county. The suit on the recognizance was brought in the District Court. The defense of the sureties in that Court was, that the defendant, though personally absent, offered to appear by attorney, and, *386therefore, that the Court had not power to declare the bond forfeited, and to refuse to hear the defense of the princij>al defendant by attorney. It is not necessary…
2Cited by6 opinions
- State v. HinesSupreme Court of Oklahoma · 1913
- People v. PennimanCalifornia Supreme Court · 1869
- State Ex Rel. Buckley v. DrakeSupreme Court of Oklahoma · 1914
- State v. BiesmanMontana Supreme Court · 1892
- State v. SorensenUtah Supreme Court · 1916
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