People v. Smith
New York Supreme Court
1XHIS action is upon a recognizance, dated the 19th of . May, 1865, taken at chambers, by and before the special county judge of Chautauqua county, conditioned for the appearance of one Warren, at the then next court of oyer and terminer, who stood indicted for perjury. The defendant executed the bond as one of the sureties therein. The complaint contains the necessary averments to charge the defendant, on account of the non-appearance of Warren.
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1XHIS action is upon a recognizance, dated the 19th of . May, 1865, taken at chambers, by and before the special county judge of Chautauqua county, conditioned for the appearance of one Warren, at the then next court of oyer and terminer, who stood indicted for perjury. The defendant executed the bond as one of the sureties therein. The complaint contains the necessary averments to charge the defendant, on account of the non-appearance of Warren. The answer sets up, among other things, in bar of the action, a former suit upon the same bond, wherein the complaint was dismissed after a trial…
1Opinion of the CourtDaniels, J.
This action was brought upon a recognizance taken before the special county judge of Chautauqua county and filed in the office of the clerk of that county. Sufficient was shown upon the trial to render the defendant liable for the amount of the recognizance, unless the plaintiff was precluded' from maintaining the action by reason of a former judgment. That judgment was rendered in the defendant’s favor in an action brought upon, and to recover the amount of, the same recognizance. The plaintiff, on the trial of that action, was unable to prove that the recognizance, which was in fact filed,…
2Cases cited6 opinions
- Demarest v. . DargNew York Court of Appeals · 1865
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Coit v. BeardNew York Supreme Court · 1861
- Harrison v. WoodThe Superior Court of New York City · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tracey v. ShumateWest Virginia Supreme Court · 1883
- O'Rourke v. . HadcockNew York Court of Appeals · 1889