State v. Traphagen
Supreme Court of New Jersey
In seire facias on recognizance. Cornelius Sullivan was arrested on complaint for an assault and battery, and gave a recognizance, with Henry Traphagen as surety, to appear and answer. An indictment was found, Sullivan did not appear, the recognizance was forfeited, estreated, certified to this court, and scire facias awarded against the recognizor to show cause why the recognizance should not be forfeited, judgment entered and execution issued thereon.
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In seire facias on recognizance. Cornelius Sullivan was arrested on complaint for an assault and battery, and gave a recognizance, with Henry Traphagen as surety, to appear and answer. An indictment was found, Sullivan did not appear, the recognizance was forfeited, estreated, certified to this court, and scire facias awarded against the recognizor to show cause why the recognizance should not be forfeited, judgment entered and execution issued thereon. A petition was filed by the bail for relief, with affidavits showing that on the day for appearance Sullivan fled; that he could not be found…
1Opinion of the Court
*135The opinion of the court was delivered by
Scudder, J.
The facts set forth in the petition and affidavits could not be pleaded in defence to the scire facias, for the death of the principal did not occur until after the forfeiture of the recognizance, when the.bail became fixed. State v. Crane, 2 Harr. 191; State v. McNeal, 3 Harr. 333; People v. Manning, 8 Cow. 297; People v. Bartlett, 3 Hill 570.
The remedy after forfeiture is by petition to the court for relief, in the form of the present application. It is within the powers of this court, incidental to its general jurisdiction in criminal…
2Cases cited1 opinion
- People v. ManningNew York Supreme Court · 1828
3Cited by3 opinions
- State v. CoronelCourt of Appeals of North Carolina · 2001
- State v. SingletaryNew Jersey Superior Court Appellate Division · 1977
- Yancey v. LoweNew Jersey Superior Court Appellate Division · 1957