Cheney v. Trammell

Citations

• 65 Fla. 451

Syllabus

<p>1. In the General Statutes of 1903 (Florida), two different methods are provided for enforcing the collection of an appearance bond in a criminal case. Section 394S provides for a suit on the bond by the prosecuting officer, and section 3940 provides for the collection of such a bond by an estreatment proceeding. Where the former method is adopted it is not necessary to allege in the declaration that the sureties were called upon to produce the body of the principal obligor, as the gist of the action is the giving of the appearanec bond and the failure of the person charged with the criminal offense to appear as he agreed to do.</p> <p>2. Under the statute (Sec. 963 G. S. 1906) the proceeds of all forfeited bail bonds or recognizances are paid into the fine and forfeiture fund of the county in which the indictment was found or the prosecution commenced, and judgment therefor should be entered in favor of the State for the use of the particular county.</p> <p>3. Where a party is convicted of crime and gives a supersedeas bond conditioned for his appearance at the next term of the Circuit Court, in which he was convicted, to answer and abide the final order, sentence or judgment of the Supreme Court in the premises, such a bond is a bail bond within the meaning of section 903 of the General Statutes of 1906.,</p> <p>4. Where an action is brought on an alleged forfeited bail bond which is attached to the declaration as an Exhibit, but not made a part of the declaration, an alleged variance between the conditions of the bond and the allegations of the declaration are not available on demurrer to the declaration,</p> <p>.5. A supersedeas appearance bond which provides that the convicted party should be personally forthcoming at the next term of the Circuit Court held in the county where th'e conviction occurred “on the'second Tuesday in September, 1912, to answer and abide the final order, sentence or judgment that might he passed in the premises by the said Supreme C