Kirby v. Commonwealth
Court of Appeals of Kentucky
CASE 34 — FORFEITED RECOGNIZANCE APPEAL PROM BOURBON CIRCUIT COURT. CITED— 3 B. Monroe, 349; Alguire vs. Commonwealth. Section 90, Criminal Code. 3 Marring., 333 ; Canby vs. Griffin. 5 Met. (not Ky.), 380; Way vs. Wright. 2 Humph., 258; State vs. Allen. CITED— 3 Ben. Mon., 350. 44 Barbour, 118. 3 Hill, 570; The People vs. Bartlett. 8 Cowan, 297. Coke on Littleton, 206a.
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CASE 34 — FORFEITED RECOGNIZANCE APPEAL PROM BOURBON CIRCUIT COURT. CITED— 3 B. Monroe, 349; Alguire vs. Commonwealth. Section 90, Criminal Code. 3 Marring., 333 ; Canby vs. Griffin. 5 Met. (not Ky.), 380; Way vs. Wright. 2 Humph., 258; State vs. Allen. CITED— 3 Ben. Mon., 350. 44 Barbour, 118. 3 Hill, 570; The People vs. Bartlett. 8 Cowan, 297. Coke on Littleton, 206a. CITED— 3 B. Mon., 349; Alguire vs. Commonwealth. 3 Harrington, 333; Gantry vs. Griffin. 5 Met., 380 ; Way vs. Wright.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court:
On a summons on a forfeited recognizance acknowledged by the appellant for the appearance of his son to answer an indictment for felony, in the Bourbon circuit court, that court rendered a judgment by default for the penalty of $500.
On a subsequent day of the same term the appellant, on reasonable grounds, verified by his oath, moved the court to set aside the judgment, and permit him to file an answer, alleging, as an excuse for the non-appearance of his son on the day fixed in the recognizance, that he “ was necessarily prevented from…
2Cited by2 opinions
- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- Commonwealth v. AllenCourt of Appeals of Kentucky · 1914