People v. MacGregor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of Hew York, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 28th day of July, 1911, dismissing the complaint upon the merits, pursuant to an interlocutory judgment entered nqsaid clerk’s office on the 21 th day of May, 1911, upon the decision of the court rendered- after a trial at the Schenectady Trial and Special Term sustaining…
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Appeal by the plaintiff, The People of the State of Hew York, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 28th day of July, 1911, dismissing the complaint upon the merits, pursuant to an interlocutory judgment entered nqsaid clerk’s office on the 21 th day of May, 1911, upon the decision of the court rendered- after a trial at the Schenectady Trial and Special Term sustaining the defendants’ demurrer to the complaint, with notice of an intention to bring up for review the said interlocutory…
1Opinion of the Court
Sewell, J.:
The conclusion of the Special Term, as stated in the decision, was: “ That the court had no authority to release the defend-, ant, Charles N. Vandenberge, upon the original bond; that the same could not, as a matter of law, be continued, so as to bind the sureties, and such a release thereby relieved the sureties.”
The theory of the court seems to have been that, notwithstanding one of the conditions of the undertaking was that the defendant “ shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear *490for judgment and render…
2Cases cited2 opinions
- People v. . FabianNew York Court of Appeals · 1908
- People Ex Rel. Hummel v. . ReardonNew York Court of Appeals · 1906
3Cited by4 opinions
- People v. Fidelity & Deposit Co.California Court of Appeal · 1930
- General Casualty Co. v. Justice's CourtCalifornia Court of Appeal · 1940
- People v. Henry, New York County Courts1969
- People ex rel. Walker v. KosonNew York Supreme Court · 1957