Legal Opinion

People v. Love

California Supreme Court

Decided July 1, 1862PublishedCited by 6 opinions

Appeal from the Sixteenth District. Suit on a bail bond in the following words : “ State of California, ) County of Amador. \ “ In the matter of The People of the State of California v. Gteorge Podge.

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Appeal from the Sixteenth District. Suit on a bail bond in the following words : “ State of California, ) County of Amador. \ “ In the matter of The People of the State of California v. Gteorge Podge. “ Whereas, the above named defendant was held by Justice M. J. Little, Township No. 1, county and State aforesaid, on an examination held before him on the first day of March, A. D. 1861, to answer to the charge of grand larceny, alleged to have been committed by said defendant at said county on or about the twenty-sixth day of January, 1861. “And whereas, said Justice in his commitment of…

1Opinion of the CourtNorton, J.

—Field, C. J. and Cope, J. concurring.

*681Appeal from a judgment sustaining a demurrer.

Neither of the objections to the complaint in this action which have been pointed out by the respondents is sufficient to sustain the judgment. It was decided in the case of Tevis v. Randall (6 Cal. 632) that the names “ The State of California ” and “ The People of the State of California” describe the same party, and that a statute which requires a bond to be given in one name, is satisfied by a bond given in the other.

The complaint avers that upon the accused being brought before the County Judge of Amador…

2Cases cited2 opinions

  1. Bagley v. PeddieThe Superior Court of New York City · 1851
  2. Tevis v. RandallCalifornia Supreme Court · 1856

3Cited by6 opinions

  1. Fair v. StevenotCalifornia Supreme Court · 1866
  2. County of Bay ex rel. Houghtaling v. BrockMichigan Supreme Court · 1880
  3. Gale v. ShillockSupreme Court Of The Territory Of Dakota · 1886
  4. People v. AlmashyMichigan Supreme Court · 1924
  5. People v. PageCalifornia Court of Appeal · 1929

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