County of Mendocino v. Lamar
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Mendocino County. The following was the averment in the complaint concerning the making of the recognizance: “ That in consideration of the admission of the said W. J. Tates to bail, and pursuant to an order of said Court of Sessions, the said defendants, at the time and place aforesaid, made, executed, and delivered a ‘ recognizance,’ a true copy of which is hereto annexed, and marked Exhibit ‘A,’ and asked to be…
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Appeal from the District Court, Seventh Judicial District, Mendocino County. The following was the averment in the complaint concerning the making of the recognizance: “ That in consideration of the admission of the said W. J. Tates to bail, and pursuant to an order of said Court of Sessions, the said defendants, at the time and place aforesaid, made, executed, and delivered a ‘ recognizance,’ a true copy of which is hereto annexed, and marked Exhibit ‘A,’ and asked to be taken and made a part of this complaint, and upon the delivery of said ‘recognizance’ or bond, the said W. J. Tates was…
1Opinion of the Court
By the Court, Shafter, J.:
This is an action upon a recognizance given in a criminal proceeding. The complaint was demurred to on the ground that the right of action was not in the county but in the people; and that the complaint, furthermore, did not contain facts sufficient to constitute a cause of action. The demurrer was overruled, and the defendants declining to answer, judgment was entered against them in due course. The appeal is from the judgment.
First—The action is properly brought in the name of the county. Where a defendant convicted in a criminal proceeding is unable to pay the…
2Cases cited2 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- People v. HugginsNew York Supreme Court · 1833
3Cited by5 opinions
- Carty v. BlauthCalifornia Supreme Court · 1915
- Malheur County v. CarterOregon Supreme Court · 1908
- Belt v. SpauldingOregon Supreme Court · 1888
- People v. PageCalifornia Court of Appeal · 1929
- State v. HaysOregon Supreme Court · 1868