Capital Garage Co. v. Gordon

A recognizance, which is defined to be an obligation of record entered into before a court or officer duly authorized for that purpose, is void when taken by one not lawfully authorized so to do. Commonwealth v. Loveridge, 11 Mass. 337; Harrington v. Brown, 7 Pick. (24 Mass.) 232; Reardon v. People, 123 Ill. App. 81; Cooper v. State, 23 Ark. 278; State v. Winninger, 81 Ind. 51; Stale v. Kruise, 32 N. J. Law, 313; Morrow v. State, 5 Kan. 563; Bennett, J., in Wilder v. Eldridge, 17 Vt. 223.

The one here sued on was entered into before a master in chancery, and was attached to the petition for a…