Fidelity & Deposit Co. of Maryland v. United States

This is an appeal from a judgment entered in pursuance of a hearing upon a writ of seire facias. Appellant was surety on a bail bond in the sum of $1,000 conditioned on one William E. Colgate as principal appearing before the United States District Court for the District of Idaho to be held in the city of Coeur d’Alene on the 27th day of May, 1929, term of court, and -from time to time thereafter to. which the cause may be continued, then and there to answer the charge of having violated the National Prohibition Act and to abide the orders and judgment of the court and not to depart from said district without leave thereof. The matter of enforcement of or remission of the penalty of the bond was by stipulation submitted on an agreed statement of facts.

Defendant Colgate appeared before the court on May 27, 1929, was arraigned and *223 plead not guilty, and his ease set for trial on June 5, 1929, at the opening of court on that day. Colgate with his attorney was present at the time set, but by reason of other eases not having been completed his case was not called for trial until the hour of 1:30 p. m. When the ease was called Colgate failed to answer, whereupon an order of…