Allied Fidelity Insurance v. State

NEAL, Judge.

STATEMENT OF THE CASE

Allied Fidelity Insurance Co. (Allied), surety on the defendant’s bail bond, appeals the denial of its petition to set aside the judgment upon the forfeiture of the bond.

STATEMENT OF THE FACTS

On July 17, 1979, the defendant was arrested and jailed on a charge of battery. On July 20, 1979, Allied filed bond in the amount of $5,000 by its agent and attorney-in-fact Ivan Miller. Arraignment was set for August 7, 1979, and the clerk was directed to notify the surety on the bond. The clerk’s certificate indicates a copy of the order was mailed first class to either…