Legal Opinion

State v. Wright

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 4 opinions

Appeal from Wright District Court. Monday, December 8. The plaintiff filed a petition alleging that William Story, on the 6th day of November, 1871, was held to answer to the State on a charge of burglary, and that the committing magistrate admitted him to bail in the sum of $800. That the defendant, A. Wright, voluntarily entered into a recognizance, a copy whereof is attached to the petition, whereby he undertook that the said William Story should appear at the next…

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Appeal from Wright District Court. Monday, December 8. The plaintiff filed a petition alleging that William Story, on the 6th day of November, 1871, was held to answer to the State on a charge of burglary, and that the committing magistrate admitted him to bail in the sum of $800. That the defendant, A. Wright, voluntarily entered into a recognizance, a copy whereof is attached to the petition, whereby he undertook that the said William Story should appear at the next ensuing term of the district court, and answer said charge, and abide the orders and judgment of the court. That at the next…

1Opinion of the CourtDay, J.

1. Bait. bond. The bond is in all respects formal and properly executed, except that the blank for the approval thereof by the officer accepting the same has not been filled.

The case can be more clearly presented by considering the objections raised by the demurrer, in an order different from that in which they are assigned.

1. We will first consider the second assignment of the demurrer, which is as follows: “ It does not appear (from the petition) that the criminal, William Story, was admitted to bail under or by virtue of said recognizance.”

The precise point urged under this objection is,…

2Cases cited3 opinions

  1. State v. CannonSupreme Court of Iowa · 1872
  2. State v. PattersonSupreme Court of Iowa · 1867
  3. Towsley v. OldsSupreme Court of Iowa · 1858

3Cited by4 opinions

  1. State v. FriendSupreme Court of Iowa · 1931
  2. Kenigsberg v. ReiningerSupreme Court of Iowa · 1913
  3. State ex rel. Owens ex rel. County School Fund v. FraserSupreme Court of Missouri · 1901
  4. Carroll County v. CuthbertsonSupreme Court of Iowa · 1907

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