recognizance
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 76 U.S. 13 - Reese v. United States · 1869Most cited · 199 citing opinions
By the recognizance the principal is, in the theory of the law, committed to the custody of the sureties as to jailers of his own choosing, not that he is, in point of fact, in this country at least, subjected or can be subjected by them to constant imprisonment; but he is so far placed in their power that they may at any time arrest him upon the recognizance and surrender him to the court, and, to the extent necessary to accomplish this, may restrain him of his liberty.
How the Supreme Court has restated “recognizance”
Each Supreme Court definition of “recognizance,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “recognizance”
Court decisions citing the 3 opinions that defined “recognizance” — 219 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1791–1869
- ORIGINAL
a recognizance, which is a bond, or obligation, of record
a recognizance is a matter of record, it is in the nature of a judgment, and the process upon it, whether a scire facias or summons, is for the purpose of carrying it into execution, and is rather judicial than original; it is no farther to be reckoned an original suit, than that the Defendant has a right to plead to it: it is founded upon the recognizance, and must be considered as flowing from it, and partaking of its nature