State v. Varney
Superior Court of New Hampshire
Scire facias on recognizance. Scire facias issued March 7, 1812, returnable to September Term, 1812. The recognizance was taken before D. M. Durel, J. P., Jan. 18, 1812. Samuel Ladd, as principal, in $250, and defendant and J. L., as sureties, each in $125, recognized for S. L.’s appearance at the S. C., Strafford, February Term, 1812, “to answer to all such matters as should be then and there objected against him, especially in relation to the complaint of B. H. Palmer, and…
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Scire facias on recognizance. Scire facias issued March 7, 1812, returnable to September Term, 1812. The recognizance was taken before D. M. Durel, J. P., Jan. 18, 1812. Samuel Ladd, as principal, in $250, and defendant and J. L., as sureties, each in $125, recognized for S. L.’s appearance at the S. C., Strafford, February Term, 1812, “to answer to all such matters as should be then and there objected against him, especially in relation to the complaint of B. H. Palmer, and not depart without leave.” At February Term, S. L. did not appear, (a) the recognizors were all called, and the…
1Opinion of the CourtSmith, C. J.
The question is not whether the defendants may not be entitled to relief, but whether the matter pleaded is, in law, a bar to the award of execution. The defendant stipulated that Samuel Ladd should appear at the S. C., February Term, 1812, and answer to all such matters as should be objected against him, especially in relation to the complaint of one Palmer, and not depart without license. It is admitted that Ladd did not appear ; but he excuses his non-compliance with the condition of the recognizance on the ground that his compliance would have been of no advantage to the public, because…
2Cases cited22 opinions
- The United States v. Vowell and M'cleanSupreme Court of the United States · 1809
- People v. StagerNew York Supreme Court · 1833
- State v. PostonSupreme Court of Missouri · 1876
- Commonwealth v. SkeggsCourt of Appeals of Kentucky · 1867
- State v. BrownSupreme Court of Iowa · 1864
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