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STATE v. EMERY

504 P.2d 1405 (1973)

STATE of Oregon, Respondent, v. Willard Mark EMERY, Defendant, and Resolute Insurance Company, Appellant.

Court of Appeals of Oregon.

Decided January 12, 1973.

Review Denied February 21, 1973.

Attorney(s) appearing for the Case

L. M. Giovanini, Beaverton, for appellant.

Gary A. Rueter, Dist. Atty., McMinnville, for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

This is an appeal from an order remitting $100 of $6,250 bail and awarding judgment for the balance of $6,150. The defendant-principal on the bond had failed to appear as ordered before the court, and the court had ordered forfeiture of the bond preceding the filing of the motion for remission. ORS 140.610 et seq.

Resolute Insurance Company through its attorney-in-fact, Wulf, executed the bail bond upon which the defendant was released. The...

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