Dalton-Ingersoll Co. v. Fiske
Massachusetts Supreme Judicial Court
Contract upon a bond to dissolve an attachment executed by the first named defendant as principal, and by David F. Inglis and James J. Mehan as sureties. Trial in the Superior Court without a jury, before Richardson, J., who found for the plaintiff; and Mehan, who alone defended, alleged exceptions. The facts appear in the opinion. The case was argued at the bar in January, 1899, and after- • wards was submitted on briefs to all the justices.
1Opinion of the CourtLathrop, J.
This is an action against the principal and sureties upon a, bond to dissolve an attachment, brought originally in the police court of Newton, and taken on appeal by *16the plaintiff to the Superior Court. It is now before us, after a finding for the plaintiff, on the exceptions taken by one Mehan, a surety on the bond, who alone defended the case in the Superior Court.
The first question before us is whether the case was properly before the Superior Court. It appears from the record of the police court that a finding for the defendant was. made on April 28, 1894, and the “ time of appeal…
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