Lamphire v. State
Supreme Court of New Hampshire
Petition, of Henry A. Lamphire and Fred W. Towle, for their ■discharge as sureties upon a recognizance. Trial before Stone, J., at the September term, 1905, of the superior court. The petitioners recognized as sureties for the appearance at the ¡superior court of Daniel McIntyre, who was duly bound over for ■such appearance at the May term, 1904, by a justice of the peace, upon a complaint charging him with breaking and entering a ■dwelling-house and stealing therefrom.
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Petition, of Henry A. Lamphire and Fred W. Towle, for their ■discharge as sureties upon a recognizance. Trial before Stone, J., at the September term, 1905, of the superior court. The petitioners recognized as sureties for the appearance at the ¡superior court of Daniel McIntyre, who was duly bound over for ■such appearance at the May term, 1904, by a justice of the peace, upon a complaint charging him with breaking and entering a ■dwelling-house and stealing therefrom. At the May term McIntyre was indicted for the crime charged before the justice, but did not appear, and the recognizance was…
1Opinion of the CourtParsons, C. J.
“When the sureties in a recognizance, without their fault, are prevented from surrendering their principal by the .act of God, or of the government of the state or of the United States, or by sentence of law, the supreme court, on petition and notice thereof to the county commissioners and state’s counsel, may discharge them on such terms as may be deemed just.”' P. S., c. 252, s. BO. Upon petition under this section by the sureties in a recognizance, the superior court found that the sureties, without their fault were prevented from surrendering their principal, and ordered their discharge.…
2Cases cited1 opinion
- Belding v. StateSupreme Court of Arkansas · 1869
3Cited by4 opinions
- Hull v. DouglassSupreme Court of Connecticut · 1906
- State v. McGurkSupreme Court of New Hampshire · 2012
- State v. CooperSupreme Court of Minnesota · 1920
- Commonwealth v. BautistaMassachusetts Supreme Judicial Court · 2011