Legal Opinion

State v. Birchim

Nevada Supreme Court

Decided October 15, 1873PublishedCited by 5 opinions

Appeal from the District Court of the Sixth Judicial District, Lander County. This was au action against John G. Birchim and P. W. Murray to recover the sum of one thousand dollars, the penalty of the recognizance set forth in the opinion. The defendants filed a general demurrer, which was overruled. There was a judgment as prayed for in the complaint. Defendants appealed.

Read the full summary

Appeal from the District Court of the Sixth Judicial District, Lander County. This was au action against John G. Birchim and P. W. Murray to recover the sum of one thousand dollars, the penalty of the recognizance set forth in the opinion. The defendants filed a general demurrer, which was overruled. There was a judgment as prayed for in the complaint. Defendants appealed. I. The recognizance sued on is fatally defective, for the reason that it does not state the nature of the offense upon which Pryor was admitted to bail. The words “grand larceny,” as employed therein, amount simply to a…

1Opinion of the Court

By the Court,

Belknap, J.:

Judgment was rendered against the defendants in an action upon the following forfeited recognizance :

“ State of Nevada, i “County of Lander, j ss’
“An order having been made on the twenty-sixth day of October, A. d. 1872, by W. K. Logan, justice of the peace of the County of Lander, that A. E. Pryor be held to answer upon the charge of grand larceny upon which he has been duly admitted to bail in the sum of one thousand dollars, we, John Gr. Birchim an<] P. W. Murray of the said county, undertake that the above named A. E. Pryor shall appear and answer the charge above…

2Cases cited2 opinions

  1. Ex parte BraniganCalifornia Supreme Court · 1861
  2. State v. MarshallSupreme Court of Iowa · 1866

3Cited by5 opinions

  1. State v. MurphyNevada Supreme Court · 1897
  2. United States v. EldredgeUtah Supreme Court · 1887
  3. McDougald v. Incorporated Town of Broken BowSupreme Court of Oklahoma · 1918
  4. People v. LeporiCalifornia Court of Appeal · 1917
  5. State v. O'KeefeNevada Supreme Court · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API