Allison v. People

September 5, 1953, an information was filed in the district court of Mesa county in which one James Adamson was accused of the crime of burglary. He was admitted to bail in the sum of $3,000.00 and was released from custody, on surety bond of the United States Fidelity & Guaranty Company. The cause was set for trial on the 23rd day of February, 1954, and was continued upon motion until the 5th day of March. March 30, 1954, the district attorney moved the court for forfeiture of the recognizance for failure of defendant to appear. Defendant Adamson and his bondsman, on April 1, 1954, moved the court to continue the cause until such time as it would be possible for him to make an appearance, to discharge the bond without forfeiture, and to release the surety thereon. After hearing argument on this motion the trial court entered an order giving Adamson and his bondsman ninety days in which to show cause why judgment and execution should not issue to enforce collection of said bond. Within the time allowed by the court, J. R. Allison, Ilene Allison and Henry Brewer, plaintiffs in error herein, moved for permission to intervene and as intervenors moved for a continuance of the case, or, in the alternative, to discharge the recognizance bond without forfeiture and release the surety thereon.