117 So. 533 | Miss. | 1928
In an answer filed by the sureties, they state that they have been unable to locate Stewart, but there is a rumor to the effect that Stewart was drowned in the recent overflow of the Mississippi river, which they believe to be true. This overflow of the Mississippi river occurred after the judgment nisi on the bond had been rendered. The release of sureties on a bail bond from liability thereon is not within the discretion of the courts; they being authorized to grant such relief only when a legal right thereto has been made to appear.
The statutes here pertinent are sections 1468 and 1470, Code of 1906 (sections 1287 and 1289, Hemingway's 1927 Code). The death of the principal in a bail bond before forfeiture will relieve the sureties thereon. Washington v. State,
The judgment of the court must, and therefore will, be made final.
Affirmed.