Tharp v. Commonwealth
Court of Appeals of Kentucky
CASE 4 — FORFEITED RECOGNIZANCE — APPEAL PROM MARION CIRCUIT COURT. Nathaniel Tharp entered into a bail bond in the penalty of $500, with Darcns Tharp, the appellant, as his surety, for his appearance before the Marion circuit court on the first day of its May term, 1860, to answer a charge of larceny. The bond was entered into befqre a justice of the peace for Marion county.
Read the full summary
CASE 4 — FORFEITED RECOGNIZANCE — APPEAL PROM MARION CIRCUIT COURT. Nathaniel Tharp entered into a bail bond in the penalty of $500, with Darcns Tharp, the appellant, as his surety, for his appearance before the Marion circuit court on the first day of its May term, 1860, to answer a charge of larceny. The bond was entered into befqre a justice of the peace for Marion county. Nathaniel failed to appear, a forfeiture of his bond was taken, and, after summons against the appellant as surety, a judgment was rendered against her for the penalty, and she appeals. The summons required her to show…
1Opinion of the CourtChief Justice Stites
This judgment must be affirmed.
The court below did not abuse its discretion in refusing to allow appellant to file her answer at the time it was tendered. It-was not intimated to the court, when the demurrer was overruled, that any further defense would be made, and no postponement of the case was asked for to allow such defense. Besides, after the motion to set aside the judgment, and permit an answer to be filed, had been entered and continued to the next term, and after it was called up for action, no answer was then tendered and no reason assigned for further delaying the case, but the…
2Cited by3 opinions
- Rice v. CommonwealthCourt of Appeals of Kentucky · 1867
- Hockett v. JonesIndiana Supreme Court · 1880
- Warren v. CogswellMassachusetts Supreme Judicial Court · 1857