Thomas v. White
Massachusetts Supreme Judicial Court
Debt on a bond for $ 5000, sealed by the defendant and others as his sureties, payable to the plaintiff or his successors in the office of Judge of Probate for the county of Plymouth, dated November 1st, 1797. * On oyer had of the bond and its condition, this latter [*368] was such, that the obligation was to be void, if the said Micah White should “ pay or cause to be paid to the heirs of Micah White, late of Bridgewater, in said county, yeoman, deceased, their respective…
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Debt on a bond for $ 5000, sealed by the defendant and others as his sureties, payable to the plaintiff or his successors in the office of Judge of Probate for the county of Plymouth, dated November 1st, 1797. * On oyer had of the bond and its condition, this latter [*368] was such, that the obligation was to be void, if the said Micah White should “ pay or cause to be paid to the heirs of Micah White, late of Bridgewater, in said county, yeoman, deceased, their respective shares of and in the real estate of the said deceased, (assigned to, and settled upon, the said Micah, first-named,)…
1Opinion of the CourtParker, C. J.
The question presented in this case is, whether the Court can entertain original jurisdiction of an action upon the bond, which is put upon the record upon oyer prayed.
The statute which regulates the proceedings on probate bonds in the courts of common law, &c.,(1) in the third section provides, that “ all suits thereafter brought in the name of any probate judge, upon a probate bond of any kind, shall be originally commenced in the Supreme Judicial Court, held within or for the county unto which the said probate judges respectively belong.”
But it is objected on the part of the defendant,…
2Cases cited2 opinions
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
- Clark v. RockwellMassachusetts Supreme Judicial Court · 1818
3Cited by3 opinions
- Henry v. ThompsonSupreme Court of Alabama · 1824
- Kirkpatrick v. PyleSupreme Court of Delaware · 1883
- Kirkpatrick v. PyleSupreme Court of Delaware · 1883