People v. Haddock
New York Supreme Court
This was an action of debt on recognizance, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges.
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This was an action of debt on recognizance, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The suit was brought on a recognizance entered into by the defendant on the 19th July. 1825, under the bastardy act,as the surety of Henry Finck, who was charged with being the father of a child with which one Elizabeth Fox was encient, likely to be born a bastard, and to be chargeable to the town of German Flatts, in the county of Herkimer. The recognizance was conditioned for the appearance of Finck at the then next general sessions of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant insists, 1. That it is not' averred in the declaration that the default oí Finck was entered of record, nor that he was called, and did not appear, and cites The People v. Van Eps, 4 Wendell, 393. The answer is that in that case there was a demurrer to the *479declaration. Here, then, is no demurrer; nor is there any plea which calls upon the plaintiffs to prove such facts. The plea of non estfactum admits all material averments, except the execution of the instrument. There is an averment that Finck did not appear and perform the order. 2. It is said that…
2Cases cited2 opinions
- People v. Van EpsNew York Supreme Court · 1830
- People v. Corbett & EastonNew York Supreme Court · 1832
3Cited by7 opinions
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- People v. BackmanNew York Supreme Court · 1845
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