People v. Kane
New York Supreme Court
Demurrer to declaration. The action was debt on a criminal recognizance. The first count of the declaration alleged that on the 10th day of October, 1845, at the city of Albany, one James Murray was charged, on oath, before J. O. Cole, a police justice of that city, with forgery, in having at a day and place named, feloniously uttered and published as true certain counterfeit bank notes, knowing them to be counterfeit; that on the day and year aforesaid he was brought before…
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Demurrer to declaration. The action was debt on a criminal recognizance. The first count of the declaration alleged that on the 10th day of October, 1845, at the city of Albany, one James Murray was charged, on oath, before J. O. Cole, a police justice of that city, with forgery, in having at a day and place named, feloniously uttered and published as true certain counterfeit bank notes, knowing them to be counterfeit; that on the day and year aforesaid he was brought before said justice on said charge, and that the complainant and-his witnesses in support of the charge, were then and there…
1Opinion of the CourtBeardsley, J.
A recognizance is defined to be “ an obligation of record, which a man enters into before some court of record or magistrate duly authorized, with condition to do some particular act; as to appear at the assizes, to keep the peace, to pay a debt, or the like.” (2 Bl. Com. 341; 2 Tidd’s Pr. 1083, Phil. ed. 1840.) It does not, like a bond, create a new debt, but is the acknowledgment of a precedent one, which, being carried into record, becomes binding and conclusive on the party. (2 Bl. Com. supra; 2 Shep. Touch. by Preston, 354, n.)
Recognizances have been authorized for various purposes, one…
2Cases cited11 opinions
- Mills v. MartinNew York Supreme Court · 1821
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- People v. Van EpsNew York Supreme Court · 1830
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- People v. BlankmanNew York Supreme Court · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. WenzelIndiana Supreme Court · 1881
- Gildersleeve v. PeopleNew York Supreme Court · 1850
- Gregory v. State ex rel. GudgelIndiana Supreme Court · 1884
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- Starkweather v. American Bible SocietyIllinois Supreme Court · 1874
26 more not listed; retrieve them via the Exa API.