State v. Newson
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action upon a bail bond. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. The county was the real party in interest, in whose name the action should have been brought.
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Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action upon a bail bond. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. The county was the real party in interest, in whose name the action should have been brought. Sacramento County v. Bird, 31 Cal. 67; Young v. Sexton, 48 Ala. 311; Lehow v. Sexton, 3 Colo. 346; Hoagland v. Van Etten, (Neb.) 35 Neb. 869; Weaver v. Trustees, 28 Ind. 120; Robbins v. Devrill, 20 Wis. 157; Stilwell v. Hurlburt, 18 N. Y. 374; Newport v. Taylor, 16 Ben Monroe, 781; Herschfelt v. Mitchell, 54 Ala. 419. A…
1Opinion of the CourtCorson, P. J.
This is an action instituted in the name of the state against the defendants, upon a bail bond executed by William J. Newson, and Hayes and Murphy, as sureties, to recover $1,000, the amount of said bond. The bond was given in a criminal proceeding in a justice court, wherein said Newson was charged with the crime of grand larceny, to secure his appearance to answer to said charge in the -circuit court of Pennington county. An indictment having been found against .said Newson in the circuit court, and he having failed to appear and answer, his bond was duly forfeited, and this action…
2Cases cited1 opinion
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
3Cited by4 opinions
- State v. DavisSouth Dakota Supreme Court · 1898
- Phillips v. SemingsonNorth Dakota Supreme Court · 1913
- State v. PiekkolaSouth Dakota Supreme Court · 1976
- State v. PiekkolaSouth Dakota Supreme Court · 1976