People v. Felton
New York Supreme Court
THIS action, wag brought upon a recognizance claimed to have been entered into by the defendant as surety for one Andrew J. Curtis, to appear and answer an indictment.
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THIS action, wag brought upon a recognizance claimed to have been entered into by the defendant as surety for one Andrew J. Curtis, to appear and answer an indictment. Upon the trial, it was established by the finding of the jury that an indictment was pending against said Curtis for aiding a prisoner to escape from states prison, and that on the 6th day of June, 1860, he was arraigned in the court of oyer and terminer then being held in Clinton county, and pleaded not guilty; that bail was fixed at $700, and that said Curtis as principal, and said Felton as surety, were recognized for the…
1Opinion of the CourtJames, J.
The defendant claims that the judgment below should be reversed, for the following reasons : 1st. Because the entry in the minutes of the court, on the 6th of June, 1860, did not amount to a recognizance^ and therefore the defendant had not entered into any obligation. 2d. If the recognizance, as drawn out and entered on the 11th of October, is relied upon, it is void. The court had no power nor jurisdiction of the person of the defendant, which warranted the entry of such order; and such recognizance so entered, particularly after the indictment was quashed, was wholly unauthorized and void.…
2Cases cited1 opinion
- People v. StagerNew York Supreme Court · 1833
3Cited by4 opinions
- State ex rel. Independence County v. GlennSupreme Court of Arkansas · 1883
- People v. LevyNew York Supreme Court · 1915
- People v. Seneca InsuranceNew York Supreme Court · 2000
- State v. VarneySuperior Court of New Hampshire · 1814