Legal Opinion

Shelby County v. Simmonds

Supreme Court of Iowa

Decided February 22, 1871PublishedCited by 2 opinions

Appeal from, Shielby District Court. Defendant was indicted for an assault with intent to commit a great bodily injury, and, upon his arrest, gave bond for his appearance to answer, the indictment. The other defendants are his securities upon the bond. The bond was forfeited by the failure of defendants to answer to the indictment, and this action is brought to recover the penalty thereof. A demurrer to the petition was sustained and plaintiff appeals.

1Opinion of the Court

Beck, Ch. J.

*346 1c^n?z™o0-re" forfeiture.

*345The petition sufficiently alleges the facts that defendant was indicted and arrested, and that the *346Íudge district court of Shelby county, wherein the indictment was found, ordered that he be admitted to bail in the sum named in the bond sued on as the penalty thereof. The petition then avers that the officer making the'arrest did “admit him (defendant) to bail in the sum of $500, which said bond was taken in writing, in such manner and form as the law provides and directs, and was signed by all of the defendants, naming them. A copy of the bond is then…

2Cases cited1 opinion

  1. Decatur County v. MaxwellSupreme Court of Iowa · 1868

3Cited by2 opinions

  1. County of Wheatland v. VanMontana Supreme Court · 1922
  2. People v. StacyCalifornia Supreme Court · 1887

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