Washington National Bank v. Williams
Massachusetts Supreme Judicial Court
Contract, against the surety on the recognizance of one Joseph Dews, a poor debtor. Writ dated March 15, 1900. In the Superior Court the case was tried before Mason, C. J., without a jury. The defence was that the execution on which Dews was arrested was void because served within twenty-four hours after entry of judgment in violation of Pub.
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Contract, against the surety on the recognizance of one Joseph Dews, a poor debtor. Writ dated March 15, 1900. In the Superior Court the case was tried before Mason, C. J., without a jury. The defence was that the execution on which Dews was arrested was void because served within twenty-four hours after entry of judgment in violation of Pub. Sts. c. 171, § 15, (R. L. c. 177, § 16.) ' It appeared that on August 20, 1896, the following agreement in writing was made between the plaintiff, by his attorney, and Dews: “ Commonwealth of Massachusetts. Suffolk, ss. Superior Court. Washington…
1Opinion of the CourtBraley, J.
This is an action of contract to recover from the defendant as surety the penal sum of a poor debtor’s recognizance. The defence is that the execution on which the principal was arrested is void because issued and served within twenty-four hours after entry of judgment. Under Rule 25 of the Superior Court judgment may be entered on the first Monday of. each month in all cases then ripe for judgment, “and the court, or any justice', may at other times order judgment to be entered in any action.” Pub. Sts. c. 171, § 1. St. 1885, c. 384, §!2.
The judgment on which the execution issued was not…
2Cases cited13 opinions
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Desseau v. HolmesMassachusetts Supreme Judicial Court · 1905
- Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- Sowle & Ward v. C. W. Pollard & Co.Supreme Court of Louisiana · 1859
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- Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
- First National Bank v. BernierMassachusetts Appeals Court · 2001
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