Thompson v. State

The surety on a recognizance appeals from a judgment against him in a civil action brought by the prosecuting attorney after an alleged “forfeiture” for failure of the principal to appear. The bond was in the form prescribed by § 9-722, Burns’ 1942 Replacement, § 2091, Baldwin’^ 1934. Notice to the surety of the forfeiture was neither alleged nor proved. For this reason, regardless of others urged by appellant, the judgment must be reversed.

By the first eight sections of Chapter 132 of the Acts of 1927, the Legislature amended seven and repealed one section of what is generally known as the…