Simmons v. Adams
Supreme Court of Vermont
Debt, on a recognizance to the plaintiff, in the penal sum of three hundred dollars, entered into by the defendant, Adams, as principal and the defendant Parmalee, as surety, on the 22d day of February, 1841, before Elymas S. New-comb, a justice of the peace in and for the county of Washington, the condition of which is as follows :— “ The condition of the above recognizance is such, that ‘ whereas Fanny Simmons, a single woman, did, on the 22d ‘ day of February, 1841, in…
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Debt, on a recognizance to the plaintiff, in the penal sum of three hundred dollars, entered into by the defendant, Adams, as principal and the defendant Parmalee, as surety, on the 22d day of February, 1841, before Elymas S. New-comb, a justice of the peace in and for the county of Washington, the condition of which is as follows :— “ The condition of the above recognizance is such, that ‘ whereas Fanny Simmons, a single woman, did, on the 22d ‘ day of February, 1841, in writing, and on oath, before said ‘justice, charge the said John Adams with having begotten ‘ a child upon the body of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is claimed, in this case, that, by the principal’s appearing in the county, court and taking a trial, the recognizance was discharged, although he was found guilty, and adjudged the putative father of the child and charged with its support. The condition is, that the principal shall appear, &c., and “abide such order or orders as the said court shall make in-the premises.” Though the principal might surrender himself in discharge of.bail, or-be surrendered by the bail, yet, in such event, he would be ordered into custody, and the…
2Cited by4 opinions
- Turner v. WilsonIndiana Supreme Court · 1875
- White v. KeiltySupreme Court of Connecticut · 1941
- Freeman v. BatchelderSupreme Court of Vermont · 1861
- Garvin v. WalshSupreme Court of Vermont · 1882