98 Neb. 162 | Neb. | 1915
One Neff was arrested and informed against on the charge of grand larceny committed in Harlan county. November 15, 1910, he made application for continuance to the next term of court, which was granted. Defendants entered into a recognizance in the sum of $1,000 for Neff’s appearance on the first day of the next term of court, which convened on March 2, 1911. Neff failing to appear at that time, the recognizance was on the next day declared forfeited. On the 20th of the same month action was instituted in the district court for Harlan county against the defendants as sureties for the penalty of the bond. A year later that action came on for hearing, and, after evidence taken, judgment was rendered against the defendants for $1,000 and costs. On the 23d of September following defendants filed in the district court an application to be relieved from the judgment, for the reason that after the rendition of the judgment they had captured the accused in Arizona and surrendered him to the sheriff of Harlan county, at an expense to them of about $300, and that the accused had pleaded guilty to the charge against him, and
There is no bill of exceptions in the record. Counsel for defendants in his brief says: “There was no testimony given by either side, though the journal entry apparently might lead the court to infer that there was. The facts were all within the personal knowledge of the court.” Counsel for the state in his brief says that the matter came on for hearing before the court -upon the application of defendants to have the judgment remitted, “and on this application witnesses were sworn and testified, and evidence was introduced.” The judgment against the sureties was entered under the provisions of section 9017, Rev. St. 1913, which provides: “The court in which the action for the penalty of any forfeited recognizance is brought may remit or reduce any part of (or) the whole of such penalty, and may render judgment thereon according to the circumstances of the case and the situation of the party, and upon such terms and conditions as to such court shall seem just and reasonable.” The subsequent application
Affirmed.