People v. Lott
New York Supreme Court
APPEAL by the defendant from a judgment entered at a special term. The action was brought against the defendant as sheriff of the county of Kings, for not returning an execution issued against Hodges and Hart, for $1000 and costs. On the 1st of May, 1852, Hodges as surety and Hart as principal, entered into a recognizance for the appearance of Hart at the court of sessions in the city of Hew York.
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APPEAL by the defendant from a judgment entered at a special term. The action was brought against the defendant as sheriff of the county of Kings, for not returning an execution issued against Hodges and Hart, for $1000 and costs. On the 1st of May, 1852, Hodges as surety and Hart as principal, entered into a recognizance for the appearance of Hart at the court of sessions in the city of Hew York. Hart failed to appear, and the recognizance was, by an order of that court, declared to be forfeited, and it, together with a certified copy of the order, was filed in the office of the clerk of the…
1Opinion of the Court
By the Court, Mitchell, P. J.
The complaint describes the judgment as recovered in the court of common pleas. If that were a variance it is one that could not mislead, and should be disregarded. It is not a variance. There are two distinct things which are known as recognizances; one, the written acknowledgment of liability signed by the party, or contained in the minutes of the court, as entered by the clerk; the other, the formal record of this acknowledgment duly filed in court, and made up by an officer of the court from the acknowledgment. The last is the record, which imports absolute…
2Cited by6 opinions
- People v. WirtschafterNew York Court of Appeals · 1953
- Hornblower & Weeks v. SherwoodNew York Court of Appeals · 1954
- Glascock v. AshmanCalifornia Supreme Court · 1877
- People v. HickeyNew York Court of Common Pleas · 1874
- Baker v. ThomasCity of New York Municipal Court · 1895
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