People v. Van Eps
New York Supreme Court
Demurrer to declaration. The declaration is in debt. After commencing by demanding $600 of debt on recognizance, it is stated that on 26th January, 1827, the defendant came before A. H. Esq. first judge of the Montgomery county common pleas and entered into a recognizance in the usual form in the the sum of $600, conditioned for the personal appearance of one J. E. V. W. at the then next court of oyer and terminer, &c. to be held in and for the said county, and that he…
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Demurrer to declaration. The declaration is in debt. After commencing by demanding $600 of debt on recognizance, it is stated that on 26th January, 1827, the defendant came before A. H. Esq. first judge of the Montgomery county common pleas and entered into a recognizance in the usual form in the the sum of $600, conditioned for the personal appearance of one J. E. V. W. at the then next court of oyer and terminer, &c. to be held in and for the said county, and that he should answer unto all such matters, &c. and not depart, &c. then, &c.; and that the said J. E. Y. W. did not appear at the…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to think that an action may be sustained in this court upon a criminal recognizance taken in a court of oyer and terminer. A recognizance is an acknowledgement of a debt of record; it has many of the attributes of a judgment. It binds the lands of the cognizor, and an execution may be issued upon it as upon a judgment. (1 R. L. 403, s. 9. Jacobs’ L. Dict. tit. Recognizance.) Unless, therefore, there is some statutory prohibition, either express or implied, it is not perceived why an action of debt may not be brought upon it.
Prior to 1818, these…
2Cited by26 opinions
- People v. KaneNew York Supreme Court · 1847
- Gildersleeve v. PeopleNew York Supreme Court · 1850
- Morrow v. StateSupreme Court of Kansas · 1870
- King v. StateNebraska Supreme Court · 1885
- State v. WilliamsSupreme Court of Arkansas · 1856
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