Supreme Court of Iowa, 1874

Ringgold Co. v. Ross

Ringgold Co. v. Ross
Supreme Court of Iowa · Decided December 24, 1874 · Day
40 Iowa 176

Ringgold Co. v. Ross

Opinion of the Court

Day, J.

The first error assigned needs not, in the state of the record, be considered. The bond was forfeited on the first day of the term, before an indictment had been found, and because of the failure of defendant to appear and challenge the grand jury. The forfeiture'was premature. The defendant had the privilege of appearing and objecting to the grand j ury, but he was under no obligation to do so.

The bond could be forfeited only for a failure to appear when his presence was lawfully required. The State of Iowa v. Klingman, 14 Iowa, 404.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.