Smith v. Bean
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into on December 31, 1878, under the Gen. Sts. c. 124, § 10, by Charles A. Kendall as principal, and the defendant as surety, and containing the usual conditions.
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Contract upon a poor debtor’s recognizance, entered into on December 31, 1878, under the Gen. Sts. c. 124, § 10, by Charles A. Kendall as principal, and the defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Dewey, J., without a jury, it appeared in evidence that the plaintiff obtained an execution in due form in an action of contract against Kendall; that one Mcllvene, in behalf of the plaintiff, made a certificate on the execution that there remained uncollected on the execution the sum of twenty dollars exclusive of all costs, and that he…
1Opinion of the CourtSoule, J.
The defendant’s principal was arrested on execution, at the request of the plaintiff, on the first charge specified in the Gen. Sts. a. 124, § 5. Until the magistrate is satisfied that there is reasonable cause to believe that such charge is true, the statute gives him no power to authorize an arrest. The certificates on the execution are the only sources of evidence that the preliminary steps have all been properly taken, and that the arrest when made is duly authorized. The execution on which Kendall, the defendant’s principal, was arrested, did not bear any certificate of the magistrate…
2Cases cited1 opinion
- Learnard v. BaileyMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Simmons v. RichardsMassachusetts Supreme Judicial Court · 1898
- Williams v. ShillaberMassachusetts Supreme Judicial Court · 1891
- Atwood v. WheelerMassachusetts Supreme Judicial Court · 1889
- May v. HammondMassachusetts Supreme Judicial Court · 1887