United Benefit Fire Ins. Co. of Omaha v. Garrison ex rel. Parish of Orleans

I respectfully dissent:

The bonds upon which relator was surety constitute a promise by relator (and the respective criminal defendants in solido) to pay a stipulated amount, if the criminal defendant does not appear when his case is called. Now obviously the Criminal District Court is in an official position to declare whether or not the condition of the bond has been met, and it appears to have been conceded always that the Criminal District Court (or its predecessor) has jurisdiction to declare an appearance bond forfeited — i. e., to enter its official observation of the breach of the…