State v. Baird
Idaho Supreme Court
APPEAL from tbe District Court of Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action to recover on bail bond. Judgment in favor of the state. The undertaking in the bond as originally executed by the three sureties was for the default or miscarriage of another person, Ira Baird, the principal. The undertaking or promise was in writing as required by our statutes of frauds.
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APPEAL from tbe District Court of Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action to recover on bail bond. Judgment in favor of the state. The undertaking in the bond as originally executed by the three sureties was for the default or miscarriage of another person, Ira Baird, the principal. The undertaking or promise was in writing as required by our statutes of frauds. But, being in writing, its subsequent alterations and changes must also be in writing, to charge the sureties, and subscribed by the parties to' be charged. The alterations were material,…
1Opinion of the CourtSullivan, J.
This action was commenced to recover the sum of $1,000 upon a bail bond executed for the appearance of Ira Baird to answer a charge of felony in the district *130court and alleged in the complaint to have been forfeited, by proper order duly made and entered.
The defendant. Ira Baird, was served with summons, but failed to appear in the action. The other two defendants appeared and answered and set up three defenses. In the first, they denied the execution of the bond sued on; in the second, they alleged that before the order of forfeiture was made the state, through its officers, arrested and…
2Cases cited5 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Wood v. BrodersonIdaho Supreme Court · 1906
- Standley v. FlintIdaho Supreme Court · 1905
- Anderson v. Ferguson-Bach Sheep Co.Idaho Supreme Court · 1906
- Mulkey v. LongIdaho Supreme Court · 1897
3Cited by9 opinions
- Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
- Cheesbrough v. JensenIdaho Supreme Court · 1941
- Shriver v. StateSupreme Court of Oklahoma · 1912
- Uhrlaub v. McMahonIdaho Supreme Court · 1908
- Feenaughty MacHinery Co. v. TurnerIdaho Supreme Court · 1927
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