The People v. Myers

• Decision Date: 01 January 1871
• Citation: 1 Idaho 355
• Parties: The People, Respondents, v. Henry Myers And Thomas Mcdonald, Appellants.
• Court: Idaho Supreme Court

1 Idaho 355

The People, Respondents, v. Henry Myers And Thomas Mcdonald, Appellants.

Supreme Court of Idaho

January 1, 1871

PLEADING-COMPLAINT-RECOGNIZANCE.-An allegation in a complaint, that "a recognizance was made and duly delivered" must be held to mean that it was returned to the clerk of the court, as required by law; and such allegation is sufficient.

TITLE-RECOGNIZANCE.-The "people of the territory of Idaho" and "the people of the United States in the territory of Idaho," are substantially the same; hence, a recognizance executed to "the people of the territory of Idaho" is a substantial compliance with section 503 of the Criminal Practice Act, and an action may be maintained thereon, in the name of the people of the United States in the territory of Idaho.

APPEAL from the Third Judicial District, Owyhee County.

J. W Huston, for the Appellant. L. P. Higbee, for the Respondent.

LEWIS J.,

delivered the opinion.

NOGGLE C. J., and WHITSON, J., concurred.

This action is brought upon a recognizance. It is alleged in the complaint that on the third day of April, 1868, at Owyhee county, the defendants made and duly delivered a written recognizance, a copy of which is set out, wherein it is recited, that on the third day of April, 1868, an order was made by James Lyom, a justice of the peace in and for Owyhee county, that John Fisher be held to answer upon a charge of assault with intent to commit murder, upon which he has been duly admitted to bail in the sum of two thousand five hundred dollars; that defendants undertook that said Fisher shall appear and answer the said charges, etc., or if he fail to perform any or either of the conditions, that defendants will pay to the people of Idaho territory the sum of two thousand and five hundred dollars," and it further appears that the defendants duly justified as such bail.

It is further alleged in the complaint, that the grand jury at the June term of the district court for Owyhee, found and presented a true bill of indictment against Fisher, upon the charge of an assault with intent to commit murder, which was filed, as required by law; that on the eleventh of June, the defendant, Fisher, was by order of the court, and in open court, duly called to answer said indictment, but came not and that thereupon an entry was made of record that said Fisher had failed to appear and answer said indictment, and the recognizance was declared forfeited; that no part of the same has been paid. The defendant McDonald interposed a demurrer to the complaint, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and defendants electing to stand thereon, and having failed to answer, judgment was rendered for plaintiff for the sum claimed with costs. Defendants appeal.

The sole question before this court for consideration is this "Does the...