Legal Opinion

State v. Kinne

Supreme Court of New Hampshire

Decided July 15, 1859PublishedCited by 3 opinions

Scire Facias, brought in this court, and in form substantially as follows: Whereas on the 10th day of February, 1858, before John Sargent, justice of the peace for the county of Grafton, came Bradford Kinne, James Moffitt, Nathan Kinne, and Kichard Bodge, and severally acknowledged themselves to be indebted to the State of New-Hampshire as principals for Willard Kinne and Franklin Foster, they being minors, in the sum of two hundred dollars each, to be levied upon their…

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Scire Facias, brought in this court, and in form substantially as follows: Whereas on the 10th day of February, 1858, before John Sargent, justice of the peace for the county of Grafton, came Bradford Kinne, James Moffitt, Nathan Kinne, and Kichard Bodge, and severally acknowledged themselves to be indebted to the State of New-Hampshire as principals for Willard Kinne and Franklin Foster, they being minors, in the sum of two hundred dollars each, to be levied upon their goods and chattels, lands and tenements, and in default thereof upon their bodies respectively, if default should be made in…

1Opinion of the CourtEastman, J.

TJnder the English practice, as we understand it, upon the forfeiture of all recognizances taken in criminal proceedings, the clerk of the court where the forfeiture is had makes out a certificate, drawn up in form and at length, setting forth the fact of the return of the recognizance, by whomsoever made; of the default of the recognizors, and the consequent forfeiture; and the order of the court that the recognizance be estreated — that is, extracted or taken from the other records of the court and sent to the court of exchequer. This eei’tificate is directed to the chief baron of the…

2Cases cited15 opinions

  1. Bridge v. FordMassachusetts Supreme Judicial Court · 1808
  2. People v. Van EpsNew York Supreme Court · 1830
  3. Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
  4. Poulk v. SlocumIndiana Supreme Court · 1834
  5. Commonwealth v. DaggettMassachusetts Supreme Judicial Court · 1820

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3Cited by3 opinions

  1. International Fidelity Insurance Company v. State, Texas Court of Appeals, 6th District (Texarkana)2002
  2. Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1938
  3. Petition of Second Chance Bail Bonds (State of New Hampshire v. James Castine)Supreme Court of New Hampshire · 2019

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