Legal Opinion

People v. Torn

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1906PublishedCited by 4 opinions

Appeal by the plaintiff, The People of the State of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and éntered in the office of the clerk of- the county of Hew York on the 4th day of April, -1905, vacating a judgment against Leo Friedman, surety, entered upon the forfeiture of .a recognizance. ■

1Opinion of the Court

Laughlin, J.:

The principal, Stanislaus Torn, was duly arrested on the 24th day of February, 1903, on the charge of sodomy. On being arraigned before one of the magistrate's of the city of ISTew York he waived, examination and was held to answer and bail was duly fixed at the sum of $2,000. Two days later.the defendant, pursuant to the order fixing the amount of his bail, gave a recognizance with Friedman as his surety and which was approved and accepted, and he was admitted to bail, which in contemplation of law transferred his custody to his surety. (Pernetti v. People, 99 App. Div. 391 ;…

2Cases cited9 opinions

  1. Schoonmaker v. . HoytNew York Court of Appeals · 1896
  2. Sachs v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. People v. . GillmanNew York Court of Appeals · 1891
  4. Gran v. SpangenbergSupreme Court of Minnesota · 1893
  5. Gallagher v. QuinlanAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by4 opinions

  1. Hunts Point Restaurant, Inc. v. Oval Foods, Inc.New York Supreme Court · 1934
  2. People v. Public Service Mutual InsuranceNew York Supreme Court · 1963
  3. Barden v. SwortsNew York Supreme Court · 1920
  4. People v. CurpheyNew York Court of General Session of the Peace · 1911

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