State v. Cole

The opinion of the Court was delivered by

Bermudez, C. J.

The appearance bond furnished by the defendant, was declared forfeited and judgment rendered, on his failure to appear when summoned.

The surety thereupon took a rule to have the forfeiture set aside and the bond annulled, alleging various grounds in support.

The district judge, after hearing, merely rescinded the judgment.

From this decree, the State appeals. The appellee moves to dismiss on the ground that an appeal does not lie therefrom.

It is evident that the district judge did not pass upon the validity of the bond assailed by the…