State v. Hayes

Citations

• 104 La. 461

Syllabus

<p>Syllabus.</p> <p>1. The sureties on an appearance bond have the right to move to set aside the judgment forfeiting such bond and condemning them for the amount thereof, and the objection that the motion comes too late, if well made, should be urged as a defense to such motion rather than as against the filing or hearing of the same.</p> <p>2. There is nothing in Act No. 17 of 1900 which precludes an application to set aside such judgment of forfeiture upon grounds other than those mentioned- in said act.</p> <p>S. Where the surety on a forfeited appearance bond presents to the District Court a rule to show cause why such forfeiture, and the judgment against him predicated thereon, should not be set aside, and he is refused permission to file such rule and appeals therefrom, the grounds set up in such motion, not having been considered or acted upon in the court a qua, will not be considered or acted upon on the appeal.</p>