State ex rel. Michener v. Egbert

The record presents the following question for decision: May the State maintain an action on the official bond of a prosecuting attorney in case he neglects to cause a default and judgment of forfeiture to be taken and entered against a defendant and his recognizors upon the failure of the defendant to appear and answer a criminal charge preferred against him, at the time specified in the recognizance? The condition of the bond executed by the prosecuting attorney is, that he will honestly discharge the duties of his office. By the terms of the bond the sureties do not engage to answer for…