Ferry v. Burchard
Supreme Court of Connecticut
IN ERROR. This was an action of debt on bond, brought by Elias Burchard, as treasurer of the county of Fairfield, against Orris S. Ferry. The bond in question was a recognizance, entered into by Ferry, as surety for Jesse B. Raymond and Lewis Raymond, by order of a justice of the peace. The arrest and proceedings before the justice are minutely set forth in the declaration.
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IN ERROR. This was an action of debt on bond, brought by Elias Burchard, as treasurer of the county of Fairfield, against Orris S. Ferry. The bond in question was a recognizance, entered into by Ferry, as surety for Jesse B. Raymond and Lewis Raymond, by order of a justice of the peace. The arrest and proceedings before the justice are minutely set forth in the declaration. The order of the justice and the recognizance thereupon entered into, after alleging the finding of the court, that there were probable grounds for supporting the complaint, are thus stated: “Whereupon it was considered by…
1Opinion of the CourtStorrs, J.
As the recognizance, on which the action against the plaintiff in error was brought, was entered into by him jointly with the principals for whom he was surety, pursuant to the order of the justice of the peace by whom the latter were bound over for trial to the county court, and the authority for requiring and taking it, is conferred solely by statute, if its condition is different from that which the statute prescribes in such cases, it is void, at least as against such principals, for a want of power or jurisdiction in the magistrate to take it. It is also voidable, in such case, on the…
2Cited by13 opinions
- Eising v. AndrewsSupreme Court of Connecticut · 1895
- Trustees of Schools v. SheikIllinois Supreme Court · 1886
- Gay v. MurphySupreme Court of Missouri · 1896
- Anderson v. ShafferCalifornia Court of Appeal · 1929
- Star Grocery Co. v. BradfordWest Virginia Supreme Court · 1912
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