Santom v. Ballard
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, brought in the Central District Court of Worcester. That court gave judgment for the defendant for the costs of suit, from which the plaintiff appealed to the Superior Court, and, on May 22, 1882, he entered into a recognizance to enter and prosecute the appeal, and to satisfy any judgment which might be entered against him on the appeal.
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Contract, upon an account annexed, brought in the Central District Court of Worcester. That court gave judgment for the defendant for the costs of suit, from which the plaintiff appealed to the Superior Court, and, on May 22, 1882, he entered into a recognizance to enter and prosecute the appeal, and to satisfy any judgment which might be entered against him on the appeal. The defendant entered a general appearance in the Superior Court, and there moved that the action be dismissed for want of jurisdiction, because no bond to the adverse party had been filed by the plaintiff in the court from…
1Opinion of the CourtMorton, C. J.
The statutes require that the party appealing in civil proceedings in any municipal, police or district court in the Commonwealth shall, instead of entering into a recognizance, within twenty-four hours after the judgment appealed from, unless the time is extended by the court, file a bond with sufficient surety or sureties to the adverse party, with condition to enter and prosecute his appeal with effect, and to satisfy any judgment which may be entered against him in the Superior Court, upon said appeal, for costs. Pub. Sts. c. 154, § 52; c. 155, § 29. St. 1882, c. 95, § 1. Unless such bond…
2Cases cited1 opinion
- Riley v. City of LowellMassachusetts Supreme Judicial Court · 1875
3Cited by27 opinions
- Board of Assessors v. Suffolk Law SchoolMassachusetts Supreme Judicial Court · 1936
- Levangie's CaseMassachusetts Supreme Judicial Court · 1917
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
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