39 Tex. 614
Decided July 1, 1873
Texas Supreme Court · decided 1873-07-01
Tried below before the Hon. A. P. McCormick. On the thirteenth of February, 1871, Tod Rosseau, principal, and ten sureties, executed a bail bond in the sum of $250, conditioned for the appearance of the principal at the District Court of Brazoria county on the first* Monday in May, 1871, to answer the charge of rape. May 14, 1872, the bond was forfeited* and judgment nisi rendered against the obligors in the bond.
Decided 1873-07-01
¶1We see no error in the judgment of the District Court.
¶2. In the exercise of a sound discretion—it being made to appear to the court that the appellees had, in good faith, *616delivered the party for whom they stood as bail into the custody of the sheriff for trial—the sureties were held to have purged themselves under the judgment nisi.
¶3We will not disturb the judgment of the District Court, and the same is affirmed.
¶4Affirmed.