Los Angeles Surety Co. v. Municipal Court

By this proceeding it is sought to review an order of the municipal court refusing to vacate an order forfeiting bail; and also an order of tne superior court denying a peremptory writ of mandate directed to the municipal court commanding it to vacate the order forfeiting bail and lastly to review an order sustaining a demurrer to a petition for a writ of audita querela.

The facts essential to a disposition of the proceeding are as follows: The petitioner gave bond for the appearance of Earl Wilson, who had been charged with a violation of the Wright Act (Stats. 1921, p. 79) and whose trial was set for November 1, 1929. The defendant failed to appear for trial and his bail was declared forfeited. The petitioner thereupon instituted a search to determine his whereabouts and if possible to return him to the court for trial. It discovered that on November 21st of the same year Wilson had committed suicide in Port of Spain, Trinidad, British West Indies. Thereupon and within ninety days of the time bail was ordered forfeited, the petitioner made a motion in the municipal court to vacate the forfeiture on the grounds that the disappearance of the defendant was without its connivance…