Philbrick v. Buxton
Supreme Court of New Hampshire
This was an action of debt on a recognizance entered into upon an appeal from a judgment of the court of common pleas, conditioned to prosecute the appeal and pay all costs which, in the final judgment, might be recovered against the defendant. The breach alleged was in not prosecuting the appeal, but it was not stated that the breach appeared of record. Por this and various other causes, not necessary to state, the defendant demurred to the declaration.
1Opinion of the CourtBellows, J.
In order to arrive at a satisfactory solution of the questions raised by the demurrer, it may be well to consider the nature of the obligation in question.
A recognizance, then, is an acknowledgment of record of a debt due, and is the highest security known to the common law, and like a judgment can be proved only by the record. If entered into before a justice of the peace, or an inferior court, it must, in order to give it effect as a recognizance, be filed in a court of record, and become a matter of record there. In its nature, like other records, it imports absolute verity, and is…
2Cases cited9 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- People v. KaneNew York Supreme Court · 1847
- People v. Van EpsNew York Supreme Court · 1830
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- People v. WittIllinois Supreme Court · 1857
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