Legal Opinion

State v. Crippen

Ohio Supreme Court

Decided January 15, 1853Published

Writ of error to the district court in Huron county. The original action was debt instituted in the court of common pleas of said county, on the 7th day of March, 1851, on a recognizance in the sum of five hundred dollars, entered into before the common pleas at the September term, 1850, by Edwin Harvey, Thomas Harvey, and Stephen Crippen, conditioned for the appearance of Edwin Harvey to answer to an indictment at the next term of the court.

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Writ of error to the district court in Huron county. The original action was debt instituted in the court of common pleas of said county, on the 7th day of March, 1851, on a recognizance in the sum of five hundred dollars, entered into before the common pleas at the September term, 1850, by Edwin Harvey, Thomas Harvey, and Stephen Crippen, conditioned for the appearance of Edwin Harvey to answer to an indictment at the next term of the court. It appears that Edwin Harvey, being indicted for passing counterfeit coin, was tried at the February term, 1851; but before judgment he escaped, and a…

1Opinion of the CourtBartley, C. J.

The assignments of error present two questions in this case:

1. Whether the instrument, or writing on a loose piece of paper, .as set forth in the bill of exceptions, is of itself a sufficient and valid recognizance.

2. If not, whether this memorandum of the clerk, aided by the clerk’s oral testimony, and the journal entry of a forfeiture of the supposed recognizance, furnishes sufficient evidence of the existence of a valid recognizance.

A recognizance is an obligation of record entered into before .some court of record, or magistrate duly authorized, conditioned for the performance of some…

2Cases cited1 opinion

  1. Dillingham v. United StatesU.S. Circuit Court for the District of Pennsylvania · 1810

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