People v. New York Indemnity Co.

Steven Morgan was arrested in the city of Los Angeles on a misdemeanor charge. On September 10, 1926, bail was fixed in the sum of $1700 (by whom does not appear from the record before us), and on the same day the defendant corporation executed and delivered to the clerk of the municipal court a bond in the required sum, whereupon Morgan was released from custody. The transcript of the docket in the case shows that after a number of continuances of the matter the bond was ordered forfeited on February 17, 1927, and on March 9, 1927, a certified copy of such order was sent to the city prosecutor, who filed a complaint thereon in the superior court on September 27, 1927. The case was tried January 11, 1929. Plaintiff introduced in evidence a certified copy of the bond and a certified transcript of the record of the case of People v. Morgan in which the bond was filed, and then rested. Defendant moved for a nonsuit, which was denied, and then rested. From a judgment in favor of plaintiff for the amount of the bond defendant has appealed. Two contentions are made by appellant, being the same as those urged at the trial on the objection to the introduction of evidence by plaintiff: (1)…

Appellant in its petition for a rehearing for the first time raises the question of the authority of the clerk of the municipal court to approve the bond in question. Of course such argument comes too late. (Pasadena Ice Co. v. Reeder, 206 Cal. 697, 705 [ 275 Pac. 944 , 276 Pac. 995 ].)

Petition denied.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on June 11, 1931.

Steven Morgan was arrested in the city of Los Angeles on a misdemeanor charge. On September 10, 1926, bail was fixed in the sum of $1700 (by whom does not appear from the record before us), and on the same day the defendant corporation executed and delivered to the clerk of the municipal court a bond in the required sum, whereupon Morgan was released from custody. The transcript of the docket in the case shows that after a number of continuances of the matter the bond was ordered forfeited on February 17, 1927, and on March 9, 1927, a certified copy of such order was sent to the city prosecutor, who filed a complaint thereon in the superior court on September 27, 1927. The ease was tried January 11, 1929. Plaintiff introduced in evidence a certified copy of the bond and a certified transcript of the record of the case of People v. Morgan in which the bond was filed., and then rested. Defendant moved for a nonsuit, which was denied, and then rested. From a judgment in favor of plaintiff for the amount of the bond defendant has appealed.

Two contentions are made by appellant, being the same as those urged at the trial on the objection to the introduction of evidence by plaintiff:…