Dunbarton v. Palfrey
Superior Court of New Hampshire
Debt, upon a bond, with condition under written, which, after reciting a complaint under the bastardy act, by the selectmen of the town against Palfrey, the neglect of the mother to complain, and an order by the magistrate on Palfrey to appear at the term of the common pleas, to be hold-en at Concord, on the second Tuesday of October, 1850, concludes as follows:— “ Now if the said John C. Palfrey, shall appear at said court, at the time and place aforesaid, and shall answer…
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Debt, upon a bond, with condition under written, which, after reciting a complaint under the bastardy act, by the selectmen of the town against Palfrey, the neglect of the mother to complain, and an order by the magistrate on Palfrey to appear at the term of the common pleas, to be hold-en at Concord, on the second Tuesday of October, 1850, concludes as follows:— “ Now if the said John C. Palfrey, shall appear at said court, at the time and place aforesaid, and shall answer to said complaint, and abide the order of court thereon, then this obligation shall be void, otherwise in full force.”…
1Opinion of the CourtEastman, J.
Whether the condition of the bond upon which this suit was instituted, has been broken or not, depends upon the construction to be given to the second and third sections of chapter 68 of the Revised Statutes, taken in connection with the bond itself.
The second section is as follows: “ The justice before whom such person shall be brought, if he see fit, may order such person to give bond to the complainant in a reasonable sum, with sufficient surety or sureties to the satisfaction of the justice, conditioned to appear at the term of the court of common pleas, next to be holden within and for…
2Cases cited2 opinions
- People v. HainerCourt for the Trial of Impeachments and Correction of Errors · 1845
- Woodcock v. WalkerMassachusetts Supreme Judicial Court · 1817