Lane v. State
Court of Appeals of Kansas
Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. I. H. LaVeen was arrested, charged with criminal libel. April 29, 1890, he made application to the District Court of Wyandotte County to be released from ■custody upon giving bond for his appearance to answer the pending charge.
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Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. I. H. LaVeen was arrested, charged with criminal libel. April 29, 1890, he made application to the District Court of Wyandotte County to be released from ■custody upon giving bond for his appearance to answer the pending charge. The court thereupon ■ordered, “that the defendant be required to enter into a recognizance in the sum of one thousand dollars, payable to the State of Kansas, with good and ■sufficient surety, for his appearance before the said District Court of Wyandotte County, Kansas, on the first day of the…
1Opinion of the CourtMcElroy, J.
The petition does not state a cause of action, and the judgment is contrary to law. The court ordered, “that the defendant be required to enter into a recognizance . . . for his appearance before the said District -Court in Wyandotte County, Kansas, on the first' day of the next term thereof, to wit: the June term, 1890, to answer to the charge hereinbefore mentioned, and not to depart therefrom without leave.” The sheriff inserted in the bond the words “and abide the order of the court.” This was a condition exacted which was not authorized by “the order of the court” nor by “the statute,”…
2Cited by1 opinion
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