NETERER, District Judge (after stating the facts as above).
The surety company relies on Joelson v. U. S. (C. C. A.) 287 F. 106, and U. S. v. Mace (C. C. A.) 281 F. 635. I think neither of these cases are decisive.
In the Joelson Case there was no particular time and no particular place when and where the defendant was to appear, and the court said, at page 109:
"Under the terms of the contract, Rosen was under no obligations whatever to appear at...
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