People v. Shaver
New York Supreme Court
This was an action on a recognizance. The complaint was as follows: Supreme Court, Montgomery County. The People of the State of New York I agst. r Benjamin Shaver.__J The plaintiff alleges that the defendant, on the 80th day of July, 1856, at Ephrátah, in the county of Fulton, in the State of New York, made, executed and delivered, the bond of which the following is a copy, together with one Nathan Shaver Fulton County, ss: Be it remembered that on the thirtieth day of…
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This was an action on a recognizance. The complaint was as follows: Supreme Court, Montgomery County. The People of the State of New York I agst. r Benjamin Shaver.__J The plaintiff alleges that the defendant, on the 80th day of July, 1856, at Ephrátah, in the county of Fulton, in the State of New York, made, executed and delivered, the bond of which the following is a copy, together with one Nathan Shaver Fulton County, ss: Be it remembered that on the thirtieth day of July, 1856, one Nathan Shaver, in Albany county, and Benjamin Shaver, in Fulton county, of the same place, personally came…
1Opinion of the Court
By the Court, Rosekrans, J.
The statute requires that whenever a prisoner shall be let to bail by an officer out of court, the officer shall immediately cause the recognizance taken by him to be filed with the clerk of the county in which the party bailed was imprisoned. (2 B. S., Mh ed., 893, § 34.) The recognizance is to be certified by the magistrate taking the same, to the court at which .the defendant is bound to appear. (lb., § 28.) The court can take no action upon the recognizance until it is filed; and for that reason, power is conferred upon the court to compel the return of the…
2Cases cited2 opinions
- People v. Van EpsNew York Supreme Court · 1830
- People v. HugginsNew York Supreme Court · 1833
3Cited by2 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
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