Legal Opinion

People, Ex Rel. Van Aken v. . Millham

New York Court of Appeals

Decided October 30, 1885PublishedCited by 4 opinions

Appeal by the plaintiff from a judgment of the General Term, in the Third Department, January 23, 1885, reversing a. judgment of a Circuit Court, Hon. A. Bocees presiding, of December 1, 1884, upon a direction to render a verdict against defendants. The facts appear in the opinion.

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Appeal by the plaintiff from a judgment of the General Term, in the Third Department, January 23, 1885, reversing a. judgment of a Circuit Court, Hon. A. Bocees presiding, of December 1, 1884, upon a direction to render a verdict against defendants. The facts appear in the opinion. I. The prisoner was bound not only to appear, but to give his continued attendance until the examination and subsequent proceedings were finally closed; having failed to do so, there was a breach of the bond, and the action of the court in directing a verdict for the plaintiff was proper. People v. Jayne, 27 Barb.…

1Opinion of the CourtEarl, J.

The defendant, Warren Millham, was arrested under a warrant issued by a justice of the peace of the town of Esopus, Ulster county, as the reputed father of a bastard child likely to be born, and was brought before the justice, who called to Ms aid another justice, and at the request of Millham ■the hearing of the matter was adjourned to June 7, 1879, and in pursuance of the statute he gave a bond with the two other defendants as sureties, conditioned that he would personally appear before the justice at the time and place to which the adjournment was had, and not depart therefrom without…

2Cases cited1 opinion

  1. People v. JayneNew York Supreme Court · 1858

3Cited by4 opinions

  1. People v. McKennaAppellate Division of the Supreme Court of the State of New York · 1901
  2. People v. Stuyvesant InsuranceNew York Supreme Court · 1979
  3. People Ex Rel. Ritzenthaler v. . HigginsNew York Court of Appeals · 1897
  4. People ex rel. Ritzenthaler v. HigginsNew York Supreme Court · 1894

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