Wray v. People

Citations

• 70 Ill. 664

Syllabus

<p>1. Counter affidavits, on a motion to set aside the forfeiture of a recognizance supported by affidavit, are not admissible.</p> <p>2. Forfeiture of recognizance — grounds for setting aside. Where it is shown that the failure of a party to appear, according to the condition of hi-s recognizance, was not for the purpose or with intent to evade the law, and that he is guilty of no laches or negligence in appearing at the earliest opportunity after the cause which kept him away is removed, he will be entitled to be discharged from a judgment of forfeiture, upon the payment of costs.</p> <p>. 3. Where- a party, entering into recognizance to appear and answer to a criminal charge, fails to appear at the time required, in consequence of being under bond to appear at the same time in a foreign court, and to save his security in such bond, this will afford good cause for setting aside a forfeiture of his recognizance, if he in good faith surrenders himself as soon as he can after being released from attendance in the foreign court, and within a reasonable time after the forfeiture.</p> <p>4. Same—of the discretion of the court to relieve against forfeiture. The statute giving the circuit courts discretion to relieve against a forfeited recognizance does not mean an arbitrary discretion, but a sound legal one, and if abused or improperly exercised, this court will review and correct its exercise.</p>