59 Neb. 521 | Neb. | 1900
In the petition in this action, in the district court of Gage county, it was in substance alleged that one George F. L. Walker was arrested and brought before a justice of the peace of said county to answer to a charge of bastardy; that he was the father of a bastard child, of which Elizabeth Walker, an unmarried woman, then and now a resident of Gage county, had then been delivered. It was further pleaded that on hearing before the justice the defendant was ordered to enter a recognizance in the sum of |1,000, conditioned that he be and appear at the next term of the district court in and for Gage county to answer the accusation against him, and abide the order of the court; that the defendant Walker did appear at the next term of the district court of Gage county, and from term to term until the February term, 1895, during which, and on March 16, 1895, the said court being-then in session, it was ordered that the defendant Walker
There are several questions argued, but we deem it necessary to consider but one, the decision of which will fully dispose of the case. The point to which we refer is the main one argued, and is whether the recognizance given for the appearance of the accused person at a designated term of conrt, or on the first day of the next term after the giving of the recognizance, and to appear thereat from day to day, to abide the order of the court, remained of effect during the several continuances of the canse, and was of binding force at the second term after that at which it, in terms, provided the appearance should be. This, we think, must be answered in the negative. The condition was for an appearance at the next term, and to answer the charge during such term from day to day thereof, not. at another and subsequent term to which a continuance might be made. The condition to abide the order of the court was of some order effective during the term, not of an order of continuance. The recognizance ended with the term at which it required appearance, and, in the event of a continuance and to a subsequent term, a further recognizance should have been exacted, and upon a non-compliance the accused committed to jail. See Swank v. State, 3 O. St., 429; Gebhart v. Drake, 24 O. St., 177; Grieve v. Freytag, 31 O. St., 177; Gray v. Fulsome, 7 Vt., 450; Burr v. Wilson, 50 Ind., 587; Lane v. State, 50 Pac. Rep. [Kan.], 905; State v. Roop, 41 Atl. Rep. [Del.], 196; Kiser v. State, 13 Ind., 80; State v. Mackey, 55 Mo., 51; Keefhaver v. Com
The continuance of a recognizance in a case such as the one at bar is, under certain existent conditions, provided for in our statutory law, but it must be by order of the court (Compiled Statutes, ch. 37, sec. 4); but it is not claimed this has any effect in the present case. The judgment of the district court must be
Affirmed.