People v. Dennis
Michigan Supreme Court
Case certified from Lenawee Circuit. This was an action of debt, on a recognizance tried at tbe Circuit Court for tbe County of Lenawee, at September term, 1852. Tbe plaintiffs’ declaration set forth tbe claim as follows : “ For that, whereas, tbe said defendants, on or about tbe 25th day of September, 1851, at, etc., came personally before Ahira G. Eastman, a Circuit Court Commissioner for said County of Lenawee, and, then and there, before said Commissioner, in pursuance…
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Case certified from Lenawee Circuit. This was an action of debt, on a recognizance tried at tbe Circuit Court for tbe County of Lenawee, at September term, 1852. Tbe plaintiffs’ declaration set forth tbe claim as follows : “ For that, whereas, tbe said defendants, on or about tbe 25th day of September, 1851, at, etc., came personally before Ahira G. Eastman, a Circuit Court Commissioner for said County of Lenawee, and, then and there, before said Commissioner, in pursuance of tbe statute in such case made and provided, by a certain recognizance in writing, their own proper bands being…
1Opinion of the Court
By the Court,
Douglass, J.
The first question reserved is, whether, as Benson was a party to the recognizance, this should not have been stated in the declaration.
The declaration does not show on its face whether he was a party or not. From a reference, on the brief of the defendants’ counsel, to Bevised Statutes, Chapter 134, Sections 42,43, which provide, that in the case there mentioned, the Circuit 'Court Commissioner shall be authorized to take the recognizance of a person imprisoned, and of two sufficient sureties, we suppose it is insisted that it is essential to a valid recognizance,…
2Cases cited6 opinions
- People v. KaneNew York Supreme Court · 1847
- Gildersleeve v. PeopleNew York Supreme Court · 1850
- Wilson v. StateIndiana Supreme Court · 1842
- Adair v. StateIndiana Supreme Court · 1822
- Jackson, on the Demise of Taylor v. CullumIndiana Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Daniels v. PeopleMichigan Supreme Court · 1859
- People v. PhalenMichigan Supreme Court · 1882
- United States v. EldredgeUtah Supreme Court · 1887
- People v. AlmashyMichigan Supreme Court · 1924
- Foote v. GordonSupreme Court of Georgia · 1891
4 more not listed; retrieve them via the Exa API.