Goldsby v. State

Mr, Justice Swiggart

delivered the opinion of the Court.

This is an appeal by D. R. Goldsby from a final judgment of forfeiture rendered against him as surety on an appearance bond, of which Sam Willis was principal. The penalty of the bond was $500, and the judgment thereon is for the full amount, with costs.

The conditional judgment of forfeiture was rendered by the criminal court of Shelby County in March, 1927, and was made final in September, 1927. This final judgment was wholly void in so far as Goldsby is concerned, for the reason that he had not been served with scire facias, nor bad the…