State v. Perry
Supreme Court of Minnesota
This action was brought in the district court for Olmsted county; upon a recognizance alleged to have been entered into by the defendant Benjamin F. Perry, as principal, and the other defendants as sureties.
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This action was brought in the district court for Olmsted county; upon a recognizance alleged to have been entered into by the defendant Benjamin F. Perry, as principal, and the other defendants as sureties. A jury was waived, and the action tried by Start, J., who found the facts, in substance, as follows: On November 22, 1880, the defendant Benjamin F. Perry, was duly and legally detained in the county jail of Olmsted county, in default of bail for his appearance at the then next general term of the district court fox that county, to answer a charge of larceny from a shop. Being desirous'…
1Opinion of the CourtBerry, J.
This is an action upon a recognizance, alleged to have been entered into by defendants, as principal and sureties, to secure the appearance at the district court of the principal, who, on examination before a justice of the peace upon a charge of larceny from a shop, had been committed for want of bail.
1. The recognizance is alleged to have been entered into before a court commissioner. By Gen. St. 1878, c. 8, § 225; c. 106, § 32, a *457-court commissioner is authorized to admit persons held for crime to bail, and to take recognizances accordingly. Upon an application of the person desirous of…
2Cases cited2 opinions
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- People v. AlmashyMichigan Supreme Court · 1924
- Benedict v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1892