People v. Hainer
Court for the Trial of Impeachments and Correction of Errors
Debt on recognizance for $500. The declaration alleged that the defendants on the 24th July, 1843, came before R. J. H., one of the judges of the Albany county courts, counsellor, &c. and acknowledged themselves held and firmly bound to the people in the sum, &c. if default should be made in the condition, which was, that if Everson should personally appear at the then next court of general sessions to be holden in and for the county of Albany, and then and there answer to a…
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Debt on recognizance for $500. The declaration alleged that the defendants on the 24th July, 1843, came before R. J. H., one of the judges of the Albany county courts, counsellor, &c. and acknowledged themselves held and firmly bound to the people in the sum, &c. if default should be made in the condition, which was, that if Everson should personally appear at the then next court of general sessions to be holden in and for the county of Albany, and then and there answer to a certain indictment against him for forgery, and obey the order and direction of the said court therein,- and should not…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It will not be necessary to examine the special pleas, for I think the declaration, bad. It shows no breach of the condition of the recognizance. The condition was, that Everson should appear at the next court of general sessions, which was held in September, 1843; and it is not alleged that Everson did not appear at that time, or that any order of the court was then made which he has neglected to obey. The district attorney relies on a default nine months afterwards, in Juñe, 1844, to which time it is said the recognizance was “ respited and ’ continued.” The…
2Cited by4 opinions
- State v. BrownSupreme Court of Iowa · 1864
- People v. HanawMichigan Supreme Court · 1895
- Colwell v. LawrenceNew York Court of Appeals · 1868
- Dunbarton v. PalfreySuperior Court of New Hampshire · 1853