Champlain v. . the People
New York Court of Appeals
Debt in the supreme court, on recognizance. The declaration set forth that the defendant on, &c. at, &e. came personally before Frederick W. Hubbard, a supreme court commissioner for the county of Jefferson, and then and there before such commissioner in pursuance of the statute in such case provided, acknowledged himself to be indebted to the plaintiffs in the sum of one hundred dollars, and then and there did consent that said sum should be made of his goods and chattels,…
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Debt in the supreme court, on recognizance. The declaration set forth that the defendant on, &c. at, &e. came personally before Frederick W. Hubbard, a supreme court commissioner for the county of Jefferson, and then and there before such commissioner in pursuance of the statute in such case provided, acknowledged himself to be indebted to the plaintiffs in the sum of one hundred dollars, and then and there did consent that said sum should be made of his goods and chattels, lands and tenements, to the use of the plaintiffs, if default should be made in the condition that Mahlon Champlain…
1Opinion of the CourtRuggles, J.
The condition of the defendant’s recognizance, as stated in the declaration, required him to appear at the then next court of oyer and terminer, and then and there answer an indictment against him for forgery, and to do and receive what by the court should be then and there enjoined upon him; and that he should not depart the court without leave.
The defendant’s first objection to the .declaration, is that it contains no averment that an indictment was found against him at the sitting of the court at which he was bound to appear. This objection is founded on the mistaken supposition that the…
2Cited by18 opinions
- People v. Park, New York County Courts1915
- People v. . GillmanNew York Court of Appeals · 1891
- People ex rel. Wojek v. HendersonNew York Supreme Court · 1929
- People v. RobbMichigan Supreme Court · 1894
- Pernetti v. PeopleAppellate Division of the Supreme Court of the State of New York · 1904
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