State v. Waters

The opinion of the court was delivered by

Smith, J.:

This is an action to recover upon the forfeiture of an appearance bond given to secure the appearance of the defendant in a criminal case. Judgment was for plaintiff. The defendant appeals.

The petition alleged McCormick was arrested and bound over to appear for trial in the district court on the first day of «November, 1943, at 9 o’clock; that his bond was fixed at $1,000 and he as principal, and defendant as surety, gave a bond for his appearance in court on that day; that at 9 o’clock on November 1, the state was present and McCormick was…