Way v. Day
Massachusetts Supreme Judicial Court
bill in equity, filed March 3, 1904, against Alfred M. Day, Laurin Greer, and John P. Manning, clerk of the Superior Court, Criminal, for the County of Suffolk, to enforce an assignment by the defendant Day to the plaintiff of the sum of $800 deposited with the defendant Manning under the provisions of R. L. c. 217, § 77..
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bill in equity, filed March 3, 1904, against Alfred M. Day, Laurin Greer, and John P. Manning, clerk of the Superior Court, Criminal, for the County of Suffolk, to enforce an assignment by the defendant Day to the plaintiff of the sum of $800 deposited with the defendant Manning under the provisions of R. L. c. 217, § 77.. In the Superior Court Sheldon, J. made a report of the facts found by him, and made a decree dismissing the bill, with separate costs to the defendants Manning and Greer. The plaintiff appealed,
1Opinion of the CourtHammond, J.
The statute under which this money was deposited provides that “If a person who is arrested on criminal process has been ordered to reeognize with surety or sureties for his appearance before any court, ... he may, instead of giving *477surety or sureties, at any time give his personal recognizance, and deposit the .amount of the bail which he is ordered to furnish with the court, trial justice or magistrate authorized by law to take such recognizance who shall give him a certificate thereof, and upon delivering said certificate to the officer in whose custody he is, he shall be released ”; and…
2Cases cited2 opinions
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