Billings v. Avery
Supreme Court of Connecticut
IN ERROR. This was a scire-facias on a bond of recognizance, entered into, by Stephen Billings as principal, and Gurdon Bill a« surety, before John Brewster, Esq., a justice of the peace, in pursuance of a judgment rendered by him, on a qui tarn complaint, exhibited by Joseph S. Avery, against Billings, for a secret assault.
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IN ERROR. This was a scire-facias on a bond of recognizance, entered into, by Stephen Billings as principal, and Gurdon Bill a« surety, before John Brewster, Esq., a justice of the peace, in pursuance of a judgment rendered by him, on a qui tarn complaint, exhibited by Joseph S. Avery, against Billings, for a secret assault. The condition of the recognizance was in these words : “ That if the said Billings shall appear personally before the county court to be holden on the first Thursday in Alarch, 1826, at A7ew-London, in and for the county of New-Jjondon, to answer to the complaint of…
1Opinion of the Court
Hosmer, Ch. J.
The court having come to a determination that the recognizance in question is void, for a reason that will be stated hereafter, I shall therefore transiently pass over the other objections in the case.
The statute (p. 407.) requires, that the party assaulting shall recognize with surety, to answer to the complaint for secret assault, and pay all such damages as shall be awarded against him. The bond now in question obliges the party to answer to the complaint, and abide the order of the court thereon. Construing this contract in reference to the law and the subject matter, it…
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