People v. Jayne
New York Supreme Court
ITEMS is an action brought upon a bond executed by the de- . fetidant Jayne as principal, and by the Other defendants as sureties, and was given on the adjournment of an examination in a case of bastardy. The defendant Jayne was arrested on a warrant issued by E. P. Mulford, Esq., a justice of the peace of Steuben county, on a complaint before him, charging said Jayne with being the father of a child likely to be born a bastard, of which one Eliza Yost was then pregnant.
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ITEMS is an action brought upon a bond executed by the de- . fetidant Jayne as principal, and by the Other defendants as sureties, and was given on the adjournment of an examination in a case of bastardy. The defendant Jayne was arrested on a warrant issued by E. P. Mulford, Esq., a justice of the peace of Steuben county, on a complaint before him, charging said Jayne with being the father of a child likely to be born a bastard, of which one Eliza Yost was then pregnant. On the defendant Jayne’s being brought before him, the magistrate issuing the warrant called to his aid Stephen Aldrich,…
1Opinion of the Court
By the Court, Johnson, J.
There is no force in the point first raised by the defendants’ counsel, that the complaint does not state facts sufficient to constitute a cause of .action, if the bond was valid, and all its conditions binding upon the defendants. But it is also insisted on behalf of the defendants, that the justices before whom the defendant Jayne was brought could only take a bond for his appearance, at the adjourned day, and had no power or authority to require, or take, as a further condition of such bond, that he should not depart without leave. This position cannot be…
2Cases cited2 opinions
- People v. TiltonNew York Supreme Court · 1835
- People ex rel. Overseers of the Poor of Hastings v. StowellNew York Supreme Court · 1846
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