Fuller v. Meehan
Massachusetts Supreme Judicial Court
Conteact on a recognizance entered into under the Gen. Sts. e. 124, § 10, by Thomas O’Leary as principal, and the defendant as surety, and conditioned that O’Leary, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act, and appear at the time and place fixed for Ms examination, and from time to time until the same was concluded, and not…
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Conteact on a recognizance entered into under the Gen. Sts. e. 124, § 10, by Thomas O’Leary as principal, and the defendant as surety, and conditioned that O’Leary, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act, and appear at the time and place fixed for Ms examination, and from time to time until the same was concluded, and not depart without leave of the magistrate, making no default at any time fixed for his examination, and abide the final…
1Opinion of the CourtDevens, J.
It has heretofore been decided that if one who-has been examined before a magistrate, for the purpose of taking the poor debtor’s oath, departs after the magistrate has announced his decision not to administer it, but before he has made the certificate thereof, which it is his duty to annex to the execution, there is a breach of the recognizance. Gen. Sts. c. 124, § 26. Peck v. Emery, 1 Allen, 463. Lothrop v. Bailey, 14 Allen, 514. Knight v. Sampson, 99 Mass. 36. It is contended that this case may be distinguished from those cited, because neither the execution nor the officer was present…
2Cases cited2 opinions
- Goodall v. MyrickMassachusetts Supreme Judicial Court · 1873
- Knight v. SampsonMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Sallinger v. HughesMassachusetts Supreme Judicial Court · 1920
- Simpson v. TrivettMassachusetts Supreme Judicial Court · 1876
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