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1 Kirby 12

Nott v. Welles

Connecticut Superior Court

Decided February 15, 1786

Connecticut Superior Court · decided 1786-02-15

ActioN of debt on a recognizance for special bail. Tlie recognizance was taken to tbe adverse party and not to tbe county treasurer. On demurrer to tbe declaration, tbe only exception was, that tbe recognizance was improperly taken, for that it ought to bave been taken to tbe county treasurer and not to tbe adverse party.

Declaration adjudged sufficient · Decided 1786-02-15

By the Court.

¶1Tbe 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.

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