State v. Jackschitz

Citations

• 76 Wash. 253
• 136 P. 132
• 1913 Wash. LEXIS 1965

Syllabus

<p>Bail — Fobeeitube — Vacation — Statutes — Inherent Power oe Court. Rem. & Bal. Code, § 2233, authorizing the vacation of the forfeiture of bail upon production of the prisoner within sixty days, is not to be construed as limiting the common law power of the court to grant relief in proper cases after the expiration of such period; and the court has inherent discretionary power, irrespective of statute, to vacate a forfeiture of bail, and its order will not be reversed except for abuse of discretion.</p> <p>Same — Discretion oe Court. It is not an abuse of discretion to vacate a judgment forfeiting cash bail for a prisoner convicted of crime, who fled pending a motion for new trial, where, ten months after the forfeiture, the prisoner returned “owing to the persuasion of her friends and bondsmen,” and voluntarily surrendered herself and performed the judgment.</p>