TENNESSEE BONDING CO. v. UNITED STATES

No. 8864.

125 F.2d 138 (1942)

TENNESSEE BONDING CO., Inc., et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 9, 1942.


Attorney(s) appearing for the Case

Hodges & Doughty, of Knoxville, Tenn., and Wm. Lewis & Son, of London, Ky., for appellants.

John T. Metcalf, of Lexington, Ky., for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.


PER CURIAM.

The judgment against the appellant was upon the bail bond in a criminal case, conditioned upon the appearance of the defendant therein upon a given date. The condition was breached and the defendant thereafter rearrested and a finding made by the District Judge that the default of the principal was wilful.

The contention that the subsequent rearrest of the defendant avoids the obligation of the bond must be rejected. Likewise must be rejected the...

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