James B. Declue, Defendant, Lexington National Insurance Corporation, Surety- Missouri Cases

Lexington National Insurance Corporation, a surety, appealed the trial court's denial of its motions to vacate a $90,000 bond forfeiture judgment. The judgment was entered after defendant James DeClue failed to appear for sentencing. Lexington argued the judgment was void for lack of jurisdiction or due process, irregular, or should have been set aside because DeClue was later incarcerated elsewhere. The appellate court affirmed, finding the judgment was not void or irregular, and the statutory provision for setting aside forfeiture due to incarceration applies only before a final judgment is entered.