Nott v. Welles

1 Kirby 12

Opinion

By the Court.

Tbe recognizance on wbicb tbis action is .brought was well taken, though before tbe statute directing that in certain cases recognizances shall be taken to tbe adverse party. There does not appear any sufficient reason why bonds of recognizance might not ever bave been taken to tbe person for whose benefit they were intended, as well as other bonds; though a different mode of taking them has been practiced, and may yet also be good, in cases where there is no statute direction.