People v. Boardman
New York Supreme Court
Action on bond to appear on adjournment of examination before two justices, on charge of bastardy. The following facts were proved upon the trial: The warrant was issued on a proper complaint by William H. Doty, a justice of the peace of the town of Wayne, in said county, and the defendant was arrested and brought before the said justice, who thereupon called to his aid and associated with himself Levi Knox, another justice of the same town.
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Action on bond to appear on adjournment of examination before two justices, on charge of bastardy. The following facts were proved upon the trial: The warrant was issued on a proper complaint by William H. Doty, a justice of the peace of the town of Wayne, in said county, and the defendant was arrested and brought before the said justice, who thereupon called to his aid and associated with himself Levi Knox, another justice of the same town. The defendant not being then ready to proceed to the examination, applied for an adjournment thereof to another day,' which was granted, and the bond in…
1Opinion of the Court
Johnson, Justice.
Unless the tribunal before which the defendant Boardman undertook to appear on the adjourned day met, and had a session for the purpose of an examination, according to the statute said defendant was not in default for not appearing, and there has been no breach of the bond; and if there has been no breach, no action-can-be maintained upon it. If the court did not meet and sit, there was nothing before which he could appear, and his presence at, or absence from, the place, merely, is of no consequence whatever.
This presents the question whether the defendant Boardman was…
2Cited by2 opinions
- People ex rel. Kirkpatrick v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Reynolds v. BarnettNew York Supreme Court · 1878