People v. Stager
New York Supreme Court
Demurrer to pleas. The declaration was on a recognizance, entered into by the defendant on the 6th December, 1830, before a justice of the peace, conditioned that one James Anderson should personally appear at the then next court of general sessions of the peace, to be holden in the county of Monroe, to answer what would then and there be objected against him by James Lewis on behalf of the people.
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Demurrer to pleas. The declaration was on a recognizance, entered into by the defendant on the 6th December, 1830, before a justice of the peace, conditioned that one James Anderson should personally appear at the then next court of general sessions of the peace, to be holden in the county of Monroe, to answer what would then and there be objected against him by James Lewis on behalf of the people. It was averred that the recognizance was, on the 7th December, 1830, brought into the general sessions and recorded; that a court of general sessions, next after the taking of the recognizance, was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first plea is clearly no answer to the declaration. The recognizance is stated to be upon condition that Anderson should appear and answer. The plea is that he appeared and was ready to answer. This is not sufficient; the person bound by such a recognizance is not at liberty to depart after once making his appearance in court; he must remain until duly discharged. Serjeant Hawkins is of opinion that it is a breach of such a recognizance to appear and stand mute, but admits that the practice is the other way, and adds that if a man’s bail, who are jailers *434of his…
2Cited by32 opinions
- People v. McReynoldsCalifornia Supreme Court · 1894
- State v. RandolphSupreme Court of Missouri · 1856
- Gildersleeve v. PeopleNew York Supreme Court · 1850
- State v. PostonSupreme Court of Missouri · 1876
- State v. Schenck.Supreme Court of North Carolina · 1905
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