396 GURDON V. DELAUGHTER. [174 GURDON V. DELAUGHTER. Opinion delivered June 13, 1927. MUNICIPAL CORPORATIONS—RIGHT TO RECOVER ON APPEAL BOND.—Where, on appeal to the circuit court from a conviction in a mayor's court of violating a city ordinance, defendant failed to appear, and the appeal was dismissed and the cause remanded with directions to enforce the judgment, the city was authorized to bring suit against the surety on the appeal bond in a justice's court; the remedy by suit in the circuit court, under Crawford & Moses' Dig., § 7559, not being exclusive. Appeal from Nevada Circuit Court; James H. McCollum, Judge; reversed. G. W. Matthews, for appellant. HumPHRE-vs, J. This is an appeal from tbe circuit court of Nevada County dismissing the complaint of appellant seeking to recover one hundred dollars from appellee as surety upon an appeal bond which he signed
: GURDON V. DELAUGATER. • 397 for .3. C. Shankle g , mho: took an appeal to the Circuit court, of Clark County from a judgment of .conviction in the mayor's court o lir on, r ansas, 1,i. transporting 'whiskey, in violation 'of •-a , city ordinance . of . • sai&City, When the' case for Unlawfully transporting-liquor 'was called for trial in the cir • cuit edurt Of 'Clark County, C. Sharikles failedto appear, whereupon his' aplieal was ' dismissed , and the cause remanded , to the. mayor 's court of Ourdon, with directions to enforce ,the • udgment. Immediately after giving the appeal bond ..T.• C.: Shankles left ..the: city, so this suit was brought•befOre a ;justice of the peace-in Nevada-County against appellee on tIT bond, Vfrhere aludgnient was obtained, frOM which judgment aPPeal was duly prosectitel . tO_ tile circuit , court isif Nevada. County. The appeal ,bond contained a provision that, in case the appeal was dismissed, the obligors therein would .pay tthe judgment of the mayor 's 'court, together with . the costs of the appeal. On trial anew in the Cireuit'cOurt 'ot,Nevada COunty the court' decided that the . eXclu g ive reinedY of apPellant herein on thd appeal' boncl vvas ;to have.taken • udgment by default, thereon in the circuit court of . Nevada •County. Appellee had such remedy,, and it was• the moSt direct and appropriate one, but. certainly not the exclusive one. Section , 7559 of Crawford, & Moses' Digest provides for the recoveiy of' fines, Penalties and •forfeitures , by ,a Municipal cO . r po , ration in a • ddition to'. any other . mode pro,- vided, iii 4ny , Court'Of 'coMpdient jUrisdiction: ' Aside f,rom this' statUte, the bond . was an undertaking upon which suit might be , brought,for p breach thereof .. -Thereyer .seyyice could be obtained : upon the obligors.,. • Tlie:jtiXgnient ' diini s sin the , complaint: of appellant IS' therefore reVersed, and j uilgnuitt vill 1)c entered , here fOr'One hUndred dollarS and cests ag; .;ainst,appellee.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.