Sallinger v. Hughes
Massachusetts Supreme Judicial Court
Contract upon a recognizance given in a poor debtor proceeding by Eugene L. MacDonald as principal and John Francis Hughes as surety. Writ in the Municipal Court of the City of Boston dated September 21, 1918. The material evidence at the trial in the Municipal Court is described in the opinion. At the close of the evidence, the plaintiff asked for the following rulings: “1. That upon all the evidence the plaintiff is entitled to recover.
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Contract upon a recognizance given in a poor debtor proceeding by Eugene L. MacDonald as principal and John Francis Hughes as surety. Writ in the Municipal Court of the City of Boston dated September 21, 1918. The material evidence at the trial in the Municipal Court is described in the opinion. At the close of the evidence, the plaintiff asked for the following rulings: “1. That upon all the evidence the plaintiff is entitled to recover. “2. All the proceedings of .a magistrate. after he has adjudicated on the question of the right of the debtor to take the poor debtor’s oath are coram non…
1Opinion of the CourtCarroll, J.
The defendant was the surety on a recognizance given by one MacDonald, who was arrested on an execution issued by the Municipal Court of the City of Boston in favor of the plaintiff. The condition of the recognizance was that the debtor, within thirty days from the day of arrest, should “deliver himself up for examination . . . and appear at the time fixed for his examination and from time to time until the same is concluded, and not depart without leave of the magistrate, . . . and abide the final order of the magistrate thereon.” Application was seasonably made in the Municipal Court that…
2Cases cited4 opinions
- Mills v. Magee Carpet Co.Massachusetts Supreme Judicial Court · 1916
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
- Fuller v. MeehanMassachusetts Supreme Judicial Court · 1875
- Goodall v. MyrickMassachusetts Supreme Judicial Court · 1873
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