Burd v. Commonwealth

STEWART, Judge.

This is an appeal from a summary judgment entered against appellant, Capitol Indemnity Insurance Company (hereinafter referred to as "the company”), as the surety, ordering a bail bond to be forfeited because of the failure of Thomas R. Burd, the principal, also an appellant herein, to appear for trial on the day set in the Fayette Circuit Court.

The undisputed facts in this case are that on May 30, 1955, Burd was arrested and later charged with the offense of unlaw- . fully, feloniously, and with force, opening a *947safe in which money was kept at Lyle’s Market in Lexington. See…