People v. Clark & Gorton
New York Supreme Court
THIS action was brought upon a bond given for the appearance of the defendant Clark before two justices, upon adjournment of the proceedings in a bastardy case. Breach, the nonappearance of Clark before the justices named, at the time and place specified in the condition, although the justices were then and there duly convened for the purpose of having an examination and adjudication. The bond was to the people.
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THIS action was brought upon a bond given for the appearance of the defendant Clark before two justices, upon adjournment of the proceedings in a bastardy case. Breach, the nonappearance of Clark before the justices named, at the time and place specified in the condition, although the justices were then and there duly convened for the purpose of having an examination and adjudication. The bond was to the people. It was dated April 20th, 1852, was in the penalty of $1000, and recited that the defendant, Thomas Clark, had on that day been brought before Benjamin,B. Sutton and Thomas Finnegan,…
1Opinion of the Court
By the Court, T. R. Strong, J.
The validity of tne bond is not, in my opinion, affected by the circumstance that Finnegan, the associate justice, had, when the bond was taken, been employed by the defendant Clark as Clark’s counsel in the case. It is provided by statute, (Laws of 1847, ch. 280, § 31,) that “ no judge of any court shall have a voice in the decision of any cause in which he has been counsel, attorney, or solicitor, or in the subject matter of which he is interested,” but that provision does not reach the present case. If applicable to a justice, in such a proceeding, it relates…
2Cited by3 opinions
- Town of Fort Covington v. United States & Canada RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hoit v. CooperSupreme Court of New Hampshire · 1860
- Town of Lyons v. ColeNew York Supreme Court · 1874