Vallance v. Sawyer
Supreme Judicial Court of Maine
The .plaintiff in this case having obtained judgment in the court below against one Manchester, who was absent, the attorney of the latter entered an appeal to this court, and became bound by recognizance himself as principal, with the present defendant Sawyer as surety, for the prosecution of the appeal; which not being done, the plaintiff entered the recognizance of record in this court at the term appealed to, and now brought in this court the present scire facias…
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The .plaintiff in this case having obtained judgment in the court below against one Manchester, who was absent, the attorney of the latter entered an appeal to this court, and became bound by recognizance himself as principal, with the present defendant Sawyer as surety, for the prosecution of the appeal; which not being done, the plaintiff entered the recognizance of record in this court at the term appealed to, and now brought in this court the present scire facias thereon. Upon oyer of the recognizance and demurrer thereupon, the defendant made two objections ; — 1st that the recognizance…
1Opinion of the CourtMellen, C. J.
Two objections are made to the declaration. The first is, that the scirefacias should not have issued from this court, but from the court of Common Pleas, where the recognizance was taken. The usage has invariably been to issue it from that court to which the appeal is made, for the prosecution of which the recognizance is taken, and to which the same is properly returned;, and where the final judgment is rendered, for the total or partial satisfaction of which, recourse is had to. the sureties in the recognizance, there is the record of such judgment. The very language of the writ, “ as to…
2Cases cited1 opinion
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
3Cited by1 opinion
- Drouilhat v. RottnerOregon Supreme Court · 1886