Simpson v. Trivett
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by the defendant William F. Trivett, as principal, and the defendant Alfred Cutler, as surety, and conditioned that Trivett, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act and appear at the time and place fixed for his examination, and from time to time…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by the defendant William F. Trivett, as principal, and the defendant Alfred Cutler, as surety, and conditioned that Trivett, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act and appear at the time and place fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the magistrate, making no default at any time fixed for his…
1Opinion of the CourtDevens, J.
By the conditions of his recognizance the debtor was bound to deliver himself up for examination within the time therein specified. According to the facts as, under the instructions of the court, they must have been found by the jury, he has not done this, unless his appearance before the magistrate without offering to submit to an examination but objecting thereto constitutes such a delivery. An appearance before a magistrate for the purpose of objecting to an examination is not, however, a delivery of himself up for an examination. Nor is it an answer that the magistrate made no peremptory…
2Cases cited1 opinion
- Fuller v. MeehanMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Cook v. ThayerMassachusetts Supreme Judicial Court · 1877