Kingsbury v. Clark
Supreme Court of Connecticut
THIS was an action of debt on bond payable to the plaintiff as treasurer of the state. The declaration set forth the condition of the bond, and the proceedings to which it related.
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THIS was an action of debt on bond payable to the plaintiff as treasurer of the state. The declaration set forth the condition of the bond, and the proceedings to which it related. The condition was as follows : " Whereas Alfred Clark of Milford in the county of New-Haven, was brought before me William Durand, justice of the peace for the county of New-Haven, by legal warrant, on a certain complaint made by Julia C. Wilmot, stating that on the 25th day of September 1813, the said Alfred Clark did an assault make on her body, with an intent to commit a rape ; whereupon the, said justice did…
1Opinion of the Court
Swift, Ch. J.
This action is brought on a penal bond conditioned that Alfred Clark should appear before the superior court, and answer to (a) complaint of Julia C. Wilmot, *409and abide the judgment of the court on said complaint. This complaint was a nullity ; Julia C. Wilmot could not prosecute it ; and no proceedings could be had against said Clark thereon. The condition, then, could not be performed or broken. It was totally void, and no action can be maintained on the bond.
It was no part of the condition of the bond that Alfred Clark should appear and answer to a complaint exhibited by a…
2Cited by1 opinion
- Waldo v. SpencerSupreme Court of Connecticut · 1821