Pierce v. Phillips
Massachusetts Supreme Judicial Court
Contract on a recognizance, with sureties, taken by a commissioner of the circuit court of the United States for the district of Massachusetts, of George and John J. Babson, debtors arrested on an execution issuing from that court upon a judgment therein rendered against them in favor of William L. Pierce and Edward T. Taylor, of Manchester, in the state and district of New Hampshire, formerly doing business under the firm of Pierce & Taylor.
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Contract on a recognizance, with sureties, taken by a commissioner of the circuit court of the United States for the district of Massachusetts, of George and John J. Babson, debtors arrested on an execution issuing from that court upon a judgment therein rendered against them in favor of William L. Pierce and Edward T. Taylor, of Manchester, in the state and district of New Hampshire, formerly doing business under the firm of Pierce & Taylor. The condition of the recognizance was, that the judgment debtors should within thirty days from the time of arrest deliver themselves up for examination…
1Opinion of the CourtGray, J.
By the act of congress of 1867, c. 180, any defendant arrested or imprisoned upon mesne process or execution issuing out of any court of the United States is entitled to be discharged by proceedings before a commissioner of the circuit court of the United States, in the same manner, taking the same oath, and after the same length of notice, as provided by the laws of the state in case of arrest or imprisonment on like process of the state courts in the same district. The laws of this Commonwealth provide that the notice issued by the magistrate to the plaintiff, that a defendant arrested on…
2Cases cited2 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
- Dana v. CarrMassachusetts Supreme Judicial Court · 1878
- Stearns v. HemenwayMassachusetts Supreme Judicial Court · 1894
- Calnan v. ToomeyMassachusetts Supreme Judicial Court · 1880
- Salmon v. NationMassachusetts Supreme Judicial Court · 1872