People v. Greene
New York Supreme Court
Demurrer to replication. The action was debt upon a bastardy bond taken by a justice of the peace in Broome county, before whom Abraham Greene was brought under a warrant issued in the county of Delaware, charging him with being the putative father.
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Demurrer to replication. The action was debt upon a bastardy bond taken by a justice of the peace in Broome county, before whom Abraham Greene was brought under a warrant issued in the county of Delaware, charging him with being the putative father. (See 1 R. S. 643, §§ 7, 8.) The defendants E. B. Greene and C. Pixley were sureties in the bond, which was conditioned that the said Abraham Greene, the other defendant, should “appear at the next court of general sessions of the peace to be holden in the county of Delaware, and not depart the said court without leave.” (Id. § 8.) The first count…
1Opinion of the Court
By the Court, Cowen, J.
The truth of the plea so far as it applies to the first count is in no part denied; and as to the second count, it is virtually admitted. The result, as to both counts, is, that the putative father appeared on the day and at the place prescribed in the condition; and did not depart the court without leave. It is replied that the sessions continued the bond and the matter to the next term, without any objection &c. by the sureties or either of them. That is no answer. The bond was taken for the putative father’s appearance on his being arrested by virtue of an endorsed…
2Cases cited4 opinions
- People v. StagerNew York Supreme Court · 1833
- People v. HaddockNew York Supreme Court · 1834
- People v. ClaryNew York Supreme Court · 1837
- Lyons v. StateIndiana Supreme Court · 1824