People v. Tilton
New York Supreme Court
Demurrer to declaration. This is an action of debt on a bastardy bond. The warrant for the arrest of Tilton, the. putative father, was issued in Onondaga.
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Demurrer to declaration. This is an action of debt on a bastardy bond. The warrant for the arrest of Tilton, the. putative father, was issued in Onondaga. Tilton was found in Livingston county, and the warrant was endorsed by a justice of the peace of that county, and Tilton arrested and brought before such last mentioned justice, who, on the 30th May, 1832, took a bond from Tilton, with sureties in the penal sum o{$500,conditionedth¡itTilion'ii-ouldiudemnif2/thecoun¿'¿/of Onondaga, the town of Manlius, &c. from all expense in the support of the bastard child, &c. or that he would appear at…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first objection to the first count is, that the bond is void, because it is not taken in the form prescribed by the statute. This objection is not tenable. The bond, although not strictly in compliance with the statute, is not void as against the defendants. It is more favorable to the defendant than it should have been ; it ought regularly to have contained but one of the alternatives given by the statute. It should have containedbut one condition: either that the putative father would indemnify the county, or if he did not choose to do that, then the condition…
2Cited by3 opinions
- Poppenhusen v. SeeleyNew York Court of Appeals · 1866
- People v. JayneNew York Supreme Court · 1858
- People v. LevyNew York Supreme Court · 1915