People v. . Pettit
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The support offered by defendant Pettit being as good as he could afford there was no breach of the bond.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The support offered by defendant Pettit being as good as he could afford there was no breach of the bond. (Davis v. Davis, 58 Barb., 130; Perry v. Perry, 2 Paige, 501; Whispell v. Whispell, 5 Barb., 217; 2 Kent’s Com., 147; 1 Bishop on Mar. & Div., § 570; Houleston v. Smith, 3 Burgh., 187;…
1Opinion of the Court
Church, Ch. J.
This is an action upon a recognizance given by the defendant Pettit with sureties upon his conviction, before a justice of the peace, of being a disorderly person for neglecting to support his wife and children, under 1 E. S., 638. By section 3 of the act, it is declared that “ the committing of any of the acts which constituted the person so bound, a disorderly person, shall be deemed a breach of the condition of such recognizance.”
To maintain this action it was incumbent upon the plaintiff to establish that a breach had occurred, viz.: That subsequent to the giving of the…
2Cases cited1 opinion
- Blowers v. SturtevantNew York Supreme Court · 1847
3Cited by32 opinions
- People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897
- People v. SchenkelNew York Court of Appeals · 1932
- State v. GillmoreSupreme Court of Kansas · 1913
- Grantland v. StateAlabama Court of Appeals · 1913
- Empire National Bank v. Monahan, New York County Courts1975
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