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DETROIT FIDELITY & SURETY CO. v. UNITED STATES

No. 5462.

36 F.2d 682 (1930)

DETROIT FIDELITY & SURETY CO. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1930.

Attorney(s) appearing for the Case

John L. Dowling, of Cleveland, Ohio (Dowling & Dowling, of Cleveland, Ohio, on the brief), for appellant.

Thos. O. Nevison, of Cleveland, Ohio (Wilfred J. Mahon, of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and KNAPPEN, Circuit Judges, and TAYLOR, District Judge.

TAYLOR, District Judge.

Appellant became surety on a bail bond or recognizance, which provides, so far as material now, that the defendant "shall" appear "from term to term * * * to answer an indictment * * * and shall then and there abide the judgment of this court and not depart the court without leave thereof. * * *" Judgment was entered against the surety, from which it has appealed.

The defendant appeared on November 15, 1927, and pleaded guilty, whereupon...

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