Bacon v. Otis
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond, conditioned to review an action of trespass, in which judgment had heretofore been rendered for Bacon, the plaintiff in the original suit. The forfeiture being confessed, the question arose upon a hearing in chancery, for what sum execution should issue. The opinion of the Court was delivered, the following week at Plymouth, by
1Opinion of the CourtDewey, J.
The only question before the Court in this case is
with regard to the time to which the twelve per cent, interest, secured by the bond, is to be computed. The statute provides that it shall be from the rendition of the original judgment, but has no *369express limitation of the time to which it shall be extended. The bond is given in pursuance of the statute of 1786, c. 66, § 5; and the intention and design of the law will afford the best construction of the bond, in relation to the question to be decided.
* By the statute, either party, if he has not had more [ * 408 ] than one verdict against…
2Cited by1 opinion
- Bingham v. PepoonMassachusetts Supreme Judicial Court · 1812