70 A.2d 141 | Conn. | 1949
This matter was before this court on a motion to erase the appeal. Palmer v. Des Reis,
The numerous definitions of "recognizance" do not appear to differ materially, and all of those found contain as an essential element the assent of the person recognized. Judge Swift, for example, gives the following definition: "A recognizance is an obligation acknowledged before some court for a certain sum, with condition that the plaintiff shall prosecute a suit pending in court, or for the prosecution of an appeal. . . ." 1 Swift's Digest 376; Webster's New International Dictionary (2d Ed.); see also 2 Blackstone's Commentaries 341; Conn. Civil Officer (19th Ed.) p. 114. A recognizance is in effect a bond as to its obligation. Vincent v. Mutual Reserve Fund Life Assn.,
There is some intimation in the defendant's brief that we should take judicial notice of the informal practice which has grown up in taking recognizances. We know of no such practice and if it exists it should not be tolerated. As stated above, the only evidence of the oral assent is the certificate. If such assent was not given, the certificate is meaningless. The same might be said of certificates of acknowledgments and oaths. "Personally appeared" should mean what it says.
The trial court was justified in rectifying the appeal by striking the recognizance from the record.
There is no error.
In this opinion the other judges concurred.