People v. Lyons
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Third District Court in the city of New York for $107 50 damages and costs. ■ The action was against the defendants as principal and surety on a bastardy bond taken in bastardy proceedings before a police justice in New York city.
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Appeal by the defendants from a judgment of the Third District Court in the city of New York for $107 50 damages and costs. ■ The action was against the defendants as principal and surety on a bastardy bond taken in bastardy proceedings before a police justice in New York city. The defense was that the statute required two sureties on the bond in such proceedings, and that the bond in suit having one surety only was void under 2 R. S. 286, § 59, in regard to bonds taken under color of office as being a bond taken in a manner other than that provided by law.
1Opinion of the Court
Charles P. Daly, Chief Justice.
When a statute imposes upon public officers the duty of taking bonds or recognizances, on behalf of the people, in criminal or quasi criminal proceedings, and prescribes the form of the bond or recognizance, the number of the sureties, or any other essential requisite, the statute should be substantially complied with. But if something has been omitted in the execution of the bond, it does not lie with the party who has executed it to complain; as these statutory provisions are for the security and benefit of the people. If any condition or obligation which the…
2Cases cited8 opinions
- Richardson v. . CrandallNew York Court of Appeals · 1872
- Ring v. GibbsNew York Supreme Court · 1841
- Shaw v. . TobiasNew York Court of Appeals · 1849
- Skellinger v. YendesNew York Supreme Court · 1834
- Franklin v. PendletonThe Superior Court of New York City · 1850
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3Cited by2 opinions
- Board of Education v. GrantMichigan Supreme Court · 1895
- Whitney v. ColemanNew York Court of Common Pleas · 1880