People v. Manning
New York Supreme Court
On demurrer to the plea. The declaration was in debt on a recognizance in the penal sum of $150. acknowledged on the 5th of January, 1827, before one of the judges, of the common pleas of Seneca county.
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On demurrer to the plea. The declaration was in debt on a recognizance in the penal sum of $150. acknowledged on the 5th of January, 1827, before one of the judges, of the common pleas of Seneca county. The condition was that Josiah B. Chapman, late sheriff of that county, who was then arrested on an attachment, should appear before the justices of the supreme court, at the capítol in the city of Albany, on the third Monday of February then next, to answer for certain trespasses and contempts. The declaration sets forth the recognizance, averring as a breach, nonappearance at the day. The…
1Opinion of the Court
Ouria, $>er Savage, Oh. J.
The only question is, whether the sickness and death of the principal constitute a defence to this action.
The plaintiffs contend that this recognizance is analogous to that of bail in a civil suit, where the death of the principal after the bail are fixed, cannot be pleaded. I apprehend, however, that the cases are not analogous. Here the bail are not fixed. There the undertaking is, that the defendant shall pay, or surrender his body in execution, or that the bail will pay for him. Here the undertaking is simply to appear and answer. There is no certain liability…
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