101 Ky. 208 | Ky. Ct. App. | 1897
delivered the opinion, of the couet.
Daniel Scribner was indicted by the grand jury of the Bourbon Circuit Court at its March term, 1893, for a felony, and bail was fixed by the judge of said court at $2,000. The defendant, Scribner, being then in the custody of the jailer of Bourbon county, on the 10th of June following, Horsford deposited $2,000 in lieu of bail with the clerk of the Bourbon Circuit Court for the release of Scribner. The clerk received the deposit in good faith, believing he had authority, as clerk, to do so; issued certificate discharging Scribner from custody; and the jailer, upon said certificate of the clerk, did discharge Scribner from custody; and, Scribner failing to appear when the case was called for trial on June 13, 1893, an order forfeiting the bail was entered in words as follows: “The defendant, Daniel Scribner, alias Richard Roe, being called, and failing to appear in discharge of bail, it is ordered that the same be forfeited, and that summons issue against-Ms surety, L. N. Horsford, to show cause, if any he can, why judgment shall not be rendered against him for the sum of
The judgment of the circuit court is affirmed.