State Treasurer v. Bishop
Supreme Court of Vermont
Scire Facias upon a recognizance. Trial by court at the April Term, 1866, Steele, J. presiding. The recognizance was entered into by the defendant, August 10th, 1864, as surety for John Du Yarnie, who was confined in jail upon a charge of horse stealing.
Read the full summary
Scire Facias upon a recognizance. Trial by court at the April Term, 1866, Steele, J. presiding. The recognizance was entered into by the defendant, August 10th, 1864, as surety for John Du Yarnie, who was confined in jail upon a charge of horse stealing. The recognizance was returned to the clerk of the court and filed October 10th, 1864. The next term of the court to which the respondent, Du Yarnie, was bound to appear, commenced its session on the second Tuesday of September, A. D., 1864, and continued till after October 10th, 1864. An indictment was found by the grand jury at the said…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
This is an action on a recognizance entered into before R. H. Hoyt, one of the judges of the county court of the county of *356Franklin, for the appearance of one John Du Varnie before the county court, in and for said county, to answer to a criminal charge for horse stealing, for which he stood charged, and had been bound over by a justice of the peace. The question is as to the validity of the recognizance.
It is objected that the recognizance does not appear to have been taken within the county of Franklin where the judge taking it had…
2Cited by3 opinions
- Leis v. StateSupreme Court of Kansas · 1905
- Miller v. BeckMichigan Supreme Court · 1888
- United States v. GeorgeU.S. Circuit Court for the District of Minnesota · 1874