Decatur County v. Maxwell
Supreme Court of Iowa
Appeal from, Decatur District Court. One Shaver was indicted at the Decatur District Court for larceny and the venue changed to Clark county, from which it was again changed to Warren county. The accused gave bond with securities at the Clark District Court to secure his appearance at the District Court of Warren county, which was • forfeited on account of his non-appearance according to its conditions.
Read the full summary
Appeal from, Decatur District Court. One Shaver was indicted at the Decatur District Court for larceny and the venue changed to Clark county, from which it was again changed to Warren county. The accused gave bond with securities at the Clark District Court to secure his appearance at the District Court of Warren county, which was • forfeited on account of his non-appearance according to its conditions. The defendant herein being the district attorney, brought suit upon the bond and collected a part of the penalty. This suit is brought to recover the amount so collected. It appears that the…
1Opinion of the CourtBeck, J.
Bail Bond: forfeiture: venue. — It is contended by appellant’s counsel, that Decatur county is entitled to the money, and defendant may be sited therefor under sections 2796 and , . , . 376 oí the Kevision, m that county; and it is conceded, that, unless the county is entitled to the money, the suit was not properly brought therein,' and the venue, therefore, properly changed.
The bond upon which the money was collected was conditioned for the appearance of the accused before the District Court of Warren county. Section 4993 requires actions upon such bonds to be brought in the court in which…
2Cited by5 opinions
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- Lucas County v. WilsonSupreme Court of Iowa · 1882
- Shelby County v. SimmondsSupreme Court of Iowa · 1871
- State v. JuneSupreme Court of Kansas · 1901
- Warren County v. Polk CountySupreme Court of Iowa · 1893