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STATE EX REL. BERGER v. MARQUARDT

No. 11738.

111 Ariz. 413 (1975)

531 P.2d 536

The STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. Honorable Philip W. MARQUARDT, Judge of the Superior Court of the State of Arizona, In and For the County of Maricopa; Richard A. GOLDSMITH, and Midland Insurance Company, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

February 6, 1975.

Attorney(s) appearing for the Case

Moise E. Berger, Maricopa County Atty., by Q. Dale Hatch, Deputy County Atty., Phoenix, for petitioner.

Smith & Johnson by Rodney G. Johnson, Phoenix, for respondent Marquardt.

HOLOHAN, Justice.

The Respondent, Midland Insurance Company, became surety on an appearance bond in the amount of $20,000 for one Richard A. Goldsmith. On the date set for his trial Goldsmith failed to appear, and a bench warrant was issued for his arrest.

Approximately two weeks after Goldsmith's failure to appear, upon motion of the County Attorney, the Respondent trial judge ordered the Respondent bonding company...

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