Luscher

This is an action to recover on a bail bond executed by defendant to secure the appearance of one Ray J. Ford in court in response to a felony charge. Ford did not appear at the time set for his trial and the court thereupon made its order declaring the bond forfeited. Judgment herein went for plaintiff against both defendants, jointly and severally, for the amount of the bond, which was $1,000. Defendant Luscher appeals.

The first point made by appellant is that the complaint fails to state a cause of action because it is barren of allegation that Ford was ever notified of the time and place of his trial. The assailed pleading contains the averment “that on the 10th day of November, 1919, the said Bay J. Ford was duly and regularly arraigned . . . and on the said 10th day of November, 1919, . . . did enter a plea of ‘Not guilty’ . . . and the trial of the said Bay J. Ford . . . was then and there set down . . . for the 30th day of January, 1920.”. Section 977 of the Penal Code provides that one under a felony charge must be personally present in court at the time of his arraignment. Therefore the allegation that Ford was arraigned is equivalent to an allegation that he was…