Hollenbeck v. Breakey
Hollenbeck v. Breakey
Opinion of the Court
This is an action of debt on a bond running to the people of the State of Michigan, their - agents or assigns, reciting that judgment had been rendered against the defendant Edward Breakey in an action of bastardy at -the complaint of plaintiff, upon which judgment an order was entered providing that said Edward Breakey pay to the plaintiff the sum of $10 each and every month from the 7th day of April, A. D. 1896, to and including the fifteenth birthday of the child of plaintiff, whose father said Edward Breakey was adjudged to be; and providing further that, to secure said payments, said Edward Breakey should give á bond in the sum of $1,500, with sufficient sureties, to be duly and. properly approved. The bond provided for in the order was to run to the superintendents of the poor of Calhoun county, “to indemnify the county of Calhoun against expense or loss in the support and maintenance of said child,” being the bond provided for in the statute. By an order entered subsequently, the time for filing said bond was extended to July 20, 1896, the date of the bond here in suit. The bond in suit further recites that said Edward Breakey, desiring to appeal from said judgment and order, had taken, by an order of the court, an extension of time to settle a bill of exceptions, and an order staying all proceedings in said cause, and was preparing, and intending with all due dispatch to prepare and settle, said bill of exceptions, and cause to be issued from the Supreme Court a writ of error removing said cause to the Supreme Court. The condition of the bond is that said Edward Breakey should proceed with all due diligence to
• The court found that the bond was a supersedeas bond, and executed by defendant and his sureties for the purpose of having a review of the case in the Supreme Court upon writ of error; also that “said Edward Breakey was not committed to jail on the said judgment of the court entered against him, the parties seeming to have the idea that the bond given was sufficient until a review of the case.” . The plaintiff has cared for and supported the child ever since it was born. Neither Edward Breakey nor the sureties on the bond have paid to the plaintiff, or to any one for her, any money for the support of the child. Calhoun county has not been put to any expense for the care and maintenance of the child. The child was living at the time this case was tried, and being cared for by the plaintiff. The court found that Calhoun county, by a majority of the superintendents of the poor of said county, assigned to plaintiff all the right, title, and interest of the people of the State of Michigan in and to said bond by an assignment which recited the consideration that plaintiff “ continue in the future, as she has in the past, to support and maintain said child,” and that the amount recovered upon said bond be used for the support, maintenance, and education of the child. Plaintiff recovered a judgment against Edward Breakey and two of the sureties for the amount due her from Edward Breakey under the judgment in the bastardy case up to the date of the commencement of this action, with 5 per cent, interest.
Judgment is affirmed.
Reference
- Full Case Name
- HOLLENBECK v. BREAKEY
- Cited By
- 1 case
- Status
- Published