Commonwealth v. Roark
Court of Appeals of Kentucky
Case 36 — Action by Commonwealth against W. B. Roabk an» Othees as Sureties on a Bail Bond. APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Defendants and Commonwealth Appeals. In presenting a .power of attorney signed by three and falsely-purporting to have been signed by the fourth, "M. G. Brown,” W. B. Roark practiced, a fraud upon the court and he can not escape liability by his own fraud.
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Case 36 — Action by Commonwealth against W. B. Roabk an» Othees as Sureties on a Bail Bond. APPEAL FROM ALLEN CIRCUIT COURT. Judgment for Defendants and Commonwealth Appeals. In presenting a .power of attorney signed by three and falsely-purporting to have been signed by the fourth, "M. G. Brown,” W. B. Roark practiced, a fraud upon the court and he can not escape liability by his own fraud. W. B. Roark’s knowledge of the fraud at the time of the execution of the bond is imputed to those who ha,ve authorized, him to act as their agent and none of them can escape. To such as gave the…
1Opinion of the Court
Opinion of the cottet by
JUDGE O’REAR
Revebsins.
Jolm Roark, being in custody before the county judge of Allen county charged with a felony, was admitted to bail by that magistrate for his appearance before the Allen circuit court to answer any indictment that might be found against him growing out of tbe charge. Appellee, W. B. Roark and others undertook as his' hail, in a bond executed before the county judge, that he would so appear; but he defaulted. In a suit upon the forfeited bail bond, one of tbe sureties, M. G. Brown was discharged, because it was conclusively shown that lie did not in…
2Cases cited4 opinions
- Trimble v. WardCourt of Appeals of Kentucky · 1895
- Commonwealth v. YarbroughCourt of Appeals of Kentucky · 1886
- Billington v. CommonwealthCourt of Appeals of Kentucky · 1881
- Wilson v. LinvilleCourt of Appeals of Kentucky · 1894