Godfrey v. Munyan
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 17, by the defendant Robert H. Aldrich, as principal, and the defendants Munyan and Edwin D. Warfield, as sureties, and conditioned that Aldrich, 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, giving notice of the time and place thereof in the manner provided…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 17, by the defendant Robert H. Aldrich, as principal, and the defendants Munyan and Edwin D. Warfield, as sureties, and conditioned that Aldrich, 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, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination, and from time to time until the same was concluded, and not…
1Opinion of the Court
Eítoicott, J.
Oliver Pease, a trial justice of Amherst, had jurisdiction of these proceedings. They were continued from time to time before him from February 27 to April 1, when they were still further continued to May 27. On that date Pease appeared, but declined to act because he was no longer a trial justice, having removed in the mean time from Amherst to Belchertown. Gen. Sts. c. 120, § 35. This change of domicil disqualified Pease from further proceeding with the hearing. Having had jurisdiction of the proceedings, there is no provision of the statutes which authorized another magistrate…
2Cases cited1 opinion
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
- Hills v. JonesMassachusetts Supreme Judicial Court · 1877
- Vinal v. TuttleMassachusetts Supreme Judicial Court · 1887