People ex rel. Van Aken v. Millham
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed by the court upon a trial of this action at the circuit. This is an action upon a bond given in bastardy proceedings on the adjournment of the examination. The first hearing had been had on the twenty-eighth day of May. The proceedings were adjourned to June seventh. On that day the hearing proceeded through the whole day, and the defendant therein was present.
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Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed by the court upon a trial of this action at the circuit. This is an action upon a bond given in bastardy proceedings on the adjournment of the examination. The first hearing had been had on the twenty-eighth day of May. The proceedings were adjourned to June seventh. On that day the hearing proceeded through the whole day, and the defendant therein was present. The hearing was then adjourned by consent to June twenty-sixth, on which day the defendant in the proceedings did not appear. This action is brought for…
1Opinion of the Court
Learned, P. J.:
The conversation in regard to the bond, had between the counsel, cannot affect the liability of the absent surety. Nor can it affect the liability of the surety who was present. He was not a party to *153the proceeding. The counsel who spoke was not his counsel. Nor could he be required to object to any statements by the counsel, of the legal effect of the bond.
The case of People v. Jayne (27 Barb., 58) holds that a bond conditioned to appear on a certain day and not depart without leave, is valid ; and also that such a bond is broken, it tire accused person departs during that day…
2Cases cited2 opinions
- People v. McCoyNew York Supreme Court · 1862
- People v. JayneNew York Supreme Court · 1858