Section 15-13-82

Published: 2015

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Section 15-13-82

Section 15-13-82Conditional judgment - When set aside or made absolute; when excuses for default heard.

(a) If the defendants appear and show sufficient cause for their default on bail, to be determined by the court, the conditional judgment must be set aside; but, if the excuse is not sufficient or if they fail to appear, such judgment must be made absolute for the entire sum expressed in the undertaking, or any portion thereof, according to the circumstances.

(b) Excuses for default on bail must be heard by the court on application at any time when not engaged in other business. When a conditional judgment is set aside, no cost must be imposed on the defendants; provided, however, that this section has no application where money is deposited instead of bail.

(Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876, §§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359, 6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts 1949, No. 199, p. 230.)