McGuire v. State

On Petition for a Rehearing.

Odds, J.

Counsel for appellee, in their brief for a rehearing, earnestly contend that the court erred in holding that a formal judgment of forfeiture is necessary in order to maintain an action upon the bond, and insist that under our statute ¿11 that is necessary is to enter a default.

We did not overlook the provisions of the statute, section 1721, R. S. 1881, in reaching the conclusion stated in the opinion. The statute, section 1721, provides that “ If, without sufficient excuse, the defendant neglects to appear for trial or judgment, or upon any other occasion…