Osborne Bonding Co. v. State

Birdsong, Judge.

Osborne Bonding Company moved to set aside the rule absolute giving judgment on a bond forfeiture. The trial court refused to set aside the rule absolute, and Osborne appeals. Held:

These bond forfeiture proceedings are void on the face of the record and must be set aside. Gunsallus v. Busbee, 149 Ga. App. 109, 110 (253 SE2d 470); Code Ann. § 81A-160 (d).

There is no bond in the record nor any document showing that Osborne bound itself as surety for the appearance of the criminal defendant in court. On March 21, 1980, the clerk of court issued a scire facias requiring Osborne to…