DONALDSON, Justice.
This is a contract action arising from a bail bond agreement between appellant surety Lee W. Martin and respondent principal Elmer Lyons. The agreement was made after the prosecuting attorney of Clearwater County charged Lyons' partner Charles E. Mendenhall with resisting arrest in violation of I.C. § 18-705, which provided a penalty of up to one year in jail and a maximum fine of $5,000. The Probate Court of Clearwater County did not give...
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