Durbin

It was stipulated that these two actions might be consolidated on appeal.

Defendant-appellant Lee Durbin was charged in San Diego County in an information (CR 3144) filed July 13, 1961, with the crime of burglary (two counts) and six prior convictions of felony (our number 4 Civil No. 6969). He was released on bail furnished by petitioners and appellants United Bonding Insurance Company and George M. Martin, doing business as A AAA Bonding Company. Arraignment was set for September 13, 1961. Defendant failed to appear. His bail was ordered forfeited on that date. On December 12, 1961, appellants, including Durbin, filed a motion to set aside the bail forfeiture. On February 27, 1962, after hearing, the motion was denied. Appellants appeal from the order denying said motion. On March 6, 1962, a summary judgment was entered against the sureties for $10,500.

In our case number 4 Civil No. 6970 defendant Durbin was charged in an information (CR 3214) with one count of attempted grand theft and six prior convictions of a felony. He was released on bail and arraignment was set for August 17, 1961. He failed to appear on that date and his bail was then ordered forfeited. On November…