State v. Funk
North Dakota Supreme Court
Appeal from District Court, McLean county; W. H. Winchester, J. Action by the State against Frank E. Funk and another. Judgment for plaintiff, and defendants appeal. Act of God excuses performance of conditions of bail bond. Taylor v. Taintor, 16 Wall. 366, 21 L. ed. 287; Pynes v. State, 45 Ala. 52; McKee v. Com. 7 Ky. L. Eep. 286; People v. Meyer, 9 Misc. 726, 29 N. T. Supp. 1148, 5 Cyc.
Read the full summary
Appeal from District Court, McLean county; W. H. Winchester, J. Action by the State against Frank E. Funk and another. Judgment for plaintiff, and defendants appeal. Act of God excuses performance of conditions of bail bond. Taylor v. Taintor, 16 Wall. 366, 21 L. ed. 287; Pynes v. State, 45 Ala. 52; McKee v. Com. 7 Ky. L. Eep. 286; People v. Meyer, 9 Misc. 726, 29 N. T. Supp. 1148, 5 Cyc. Law & Proc. p. 115, and note 42; Conner v. State, 30 Tex. 94. Detention of accused for crime in another county of the state, when his appearance is due according to the bail bond, exonerates sureties. Com.…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of McLean county. The facts are all stipulated, and are substantially as. follows:
At the June, 1906, term of district court in and for McLean county,, commencing June, 11, 1906, one Alexander Larron was informed against, charged with the crime of grand larceny. On June 14th he was. arraigned, and pleaded not guilty. On his motion a change of venue was taken, and by order of court the action was transferred to Stark county,, and Larroü was admitted to bail in the sum of $2,000 in each case, there-being two cases. On November 19, 1906,…
2Cases cited7 opinions
- Woods v. StateCourt of Criminal Appeals of Texas · 1907
- State v. MerrihewSupreme Court of Iowa · 1877
- Buffington v. SmithSupreme Court of Georgia · 1877
- State v. ScottSupreme Court of Iowa · 1865
- People v. RobbMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. MeyersCalifornia Supreme Court · 1932
- Metcalf v. StateSupreme Court of Oklahoma · 1915
- Collins v. CommonwealthSupreme Court of Virginia · 1926
- Weaver v. StateIndiana Court of Appeals · 1914
- Cooke v. HarperIndiana Court of Appeals · 1922
4 more not listed; retrieve them via the Exa API.