Dufek v. Harrison County

(after stating the facts as above). .In this case, while the trial court concluded, correctly we think, that the sheriff was without authority to accept money in lieu of a bail bond, he thought appellant was not entitled to recover back the money deposited, because, he concluded, the judgment forfeiting the money to the state, until set aside in a direct proceeding for the purpose, was conclusive of the right of the state to the forfeiture, and because, he concluded further, appellant was a party to the unlawful act of the sheriff in accepting .money in lieu of a -bail bond and releasing him…