State v. Gordy

New York Court of General Session of the Peace

State v. Gordy

21 Del. 323

CourtNew York Court of General Session of the Peace

DecidedApril 3, 1903

StatusPublished

This text of 21 Del. 323 (State v. Gordy) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gordy, 21 Del. 323 (N.Y. Super. Ct. 1903).

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Opinion

Lore., C. J.:

—We think the affidavit is sufficient and that it need not set out the name of the person; that being immaterial. Let the case be continued.

The Attorney-General then asked that the defendant be required to enter into a recognizance for his appearance at the next term of Court; stating that while he raised no question as to the sufficiency of the surety in the appeal bond given by the defendant, yet that he questioned whether it would cover the appearance of the defendant at the succeeding term.

Lore, C. J.:

—No new recognizance is necessary.

The condition of the appeal recognizance covers not only the appearance of the defendant at this term, but his appearance during the entire time of the prosecution of the suit, and requires that he shall prosecute his appeal with effect and not depart the Court without leave.—Rev. Code, 604

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Lore., C. J.:

—We think the affidavit is sufficient and that it need not set out the name of the person; that being immaterial. Let the case be continued.

The Attorney-General then asked that the defendant be required to enter into a recognizance for his appearance at the next term of Court; stating that while he raised no question as to the sufficiency of the surety in the appeal bond given by the defendant, yet that he questioned whether it would cover the appearance of the defendant at the succeeding term.

Lore, C. J.:

—No new recognizance is necessary.

The condition of the appeal recognizance covers not only the appearance of the defendant at this term, but his appearance during the entire time of the prosecution of the suit, and requires that he shall prosecute his appeal with effect and not depart the Court without leave.—Rev. Code, 604

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Bluebook (online)

21 Del. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gordy-nygensess-1903.