Gay v. State
Supreme Court of Kansas
Drror from Shawnee District Court. The county attorney of Shawnee county brought suit upon a forfeited recognizance to recover the penalty therein mentioned. The petition set forth the recognizance in full, in words and figures following: “ We, William P. Gay, Peter Le Page, and William T. Gay, are held and firmly bound unto the State of Kansas in the sum of five hundred dollars, lawful money of the United States.
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Drror from Shawnee District Court. The county attorney of Shawnee county brought suit upon a forfeited recognizance to recover the penalty therein mentioned. The petition set forth the recognizance in full, in words and figures following: “ We, William P. Gay, Peter Le Page, and William T. Gay, are held and firmly bound unto the State of Kansas in the sum of five hundred dollars, lawful money of the United States. The condition of this obligation is such that if the above bounden William Gay shall be and appear at the next term of the district court, to be holden in the county of Shawnee,…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
*401i. RKooMrxzAjjoH; ambiguity in, plained by~othrecord. *400The district court overruled the demurrer to the petition, and gave judgment against the defendants. The objection urged against the correctness of this judgment is, that it appears from the recognizance *401sued on that there are two of “ the above bounden ” of the name of William Gay, and it cannot be told from the recognizance which one is meant. The allegations of the petition show that it was William P. Gay that was bound over by the justice of the peace; that he is the one who' was…
2Cases cited2 opinions
- O'Brien v. PeopleIllinois Supreme Court · 1866
- Graves v. PeopleIllinois Supreme Court · 1850
3Cited by7 opinions
- Barkley v. StateSupreme Court of Kansas · 1875
- Tillson v. StateSupreme Court of Kansas · 1883
- Edwards v. StateSupreme Court of Oklahoma · 1913
- State v. EstabrookSupreme Court of Kansas · 1883
- Joelson v. United StatesCourt of Appeals for the Third Circuit · 1923
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