Wilson v. Justice's Court

JENNINGS, J.

On July 2, 1936, Lila Taggart was duly arrested under authority of a warrant in a criminal action filed in the Justice’s Court of San Diego Township and was taken before Honorable Dean Sherry, a justice of said court, who ordered that she be released from custody if and when she should deposit bail in the amount of $250. Thereafter the said Lila Taggart and W. D. Wilson, a regularly licensed bail bond broker in the city of San Diego, acting in her behalf offered to provide bail for Lila Taggart in said action in the above-mentioned amount by tendering to the aforesaid justice three bonds of the government of the United States of America. One of the bonds thus tendered had a face value of $50 and bore interest at the rate of 3 per cent. Another of such bonds had a face value of $100 and the interest rate payable thereon was likewise 3 per cent. The third bond had a face value of $100 and bore interest at the rate of

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3]4 per cent per annum. Each bond so tendered had attached thereto all of the coupons providing for payment of interest which had not at the time of tender become due and payable. Upon such tender the above-mentioned justice declined to accept the above-described bonds as bail and refused to order the release of said prisoner from custody on the security so offered. Thereupon Lila Taggart and W. D. Wilson filed a petition in the Superior Court of San Diego County directed against said justice’s court and the aforesaid justice thereof whereby they sought the issuance of a writ of mandate compelling said defendants to accept as bail the bonds so tendered. A demurrer to the petition, both general and special, which was filed by the defendants was overruled. The defendants elected to stand on the demurrer and failed to file an answer to the petition within the time provided by law. Thereafter the superior court entered judgment ordering said defendants to accept the above-mentioned bonds as bail. From this judgment defendants appeal.

The sole question involved in this appeal is stated in appellants’ opening brief to be as follows: “Is it mandatory upon a Justice of the Peace to accept bonds of the United States in lieu of a deposit of money pursuant to see. 1298 of the Penal Code in the absence of a showing that the present cash value of the bonds is equal to or exceeds the sum fixed as bail ? ’ ’