Kalbritan v. Padover

The plaintiff, having recovered judgment in an action of tort in the Superior Court for damages and costs against William Deitelberg, caused the judgment debtor to be arrested on the execution June 29, 1922. The debtor thereupon entered into a recognizance with the defendant as surety, the condition of which required the debtor to appear for examination within thirty days from the date of the arrest. G. L. c. 224, § 20. The recognizance suspended the execution until the debtor submitted himself for examina*27tian before the magistrate, and the magistrate refused the oath and annexed to the…