Stanley Forman Reed

“ This is the principal in the recognizance. By its terms he agrees to 'appear for judgment.' When without excuse he fails to appear, there is a willful default. The surety only guarantees that the principal will not default. In a certain sense the surety may default by failure to pay its obligation but this is plainly not the kind of default to which the statute refers. Nor will the possibility of collusion of the surety with the absconding principal permit an interpretation that misconduct on the part of the applicant for relief from forfeiture is the 'default' meant by the statute. ”

“ There cannot logically be two series of tests to determine the power of a federal court to relieve of forfeiture under a recognizance. The conditions for action make action without meeting the conditions, we think, contrary to Congressional purpose, as expressed in the statute. Since the passage of the original statute on remission of forfeitures, the courts of the United States have, in general, held the same view that the statutory power was exclusive. ”

“ Bate Refrigerating Co. v. Sulzberger, 157 U.S. 1, 45, 15 S.Ct. 508, 519, 39 L.Ed. 601. Cf. U.S.C. (1940 ed.) p LVII, § 2 (a) .
It appears to us that there can be but one person who can willfully default within the meaning of the section. ”