Henderson v. Benson
Massachusetts Supreme Judicial Court
Motion to dismiss an appeal from the Third District Court of Eastern Middlesex, on the ground that the bond filed by the appellant, who was the defendant in the action, which was replevin, was defective and insufficient. The defect relied on was that the bond was executed by the defendant alone, without a surety. It was, however, in this form approved in writing by the then attorney for the plaintiff.
Read the full summary
Motion to dismiss an appeal from the Third District Court of Eastern Middlesex, on the ground that the bond filed by the appellant, who was the defendant in the action, which was replevin, was defective and insufficient. The defect relied on was that the bond was executed by the defendant alone, without a surety. It was, however, in this form approved in writing by the then attorney for the plaintiff. The Superior Court dismissed the appeal; and the defendant appealed to this court.
1Opinion of the CourtC. Allen, J.
When a party wishes to appeal from the judgment of a district court, compliance with the statutory requirement of a bond with surety — St. 1882, e. 95, and Pub. Sts. c. 154, §§ 39, 52, e. 155, § 29—has been held to be a condition essential to the allowance of the appeal, and the consequent jurisdiction of the Superior Court. A bond without a surety is not such a compliance, and adds nothing to the liability which the appellant is under when the judgment appealed from is affirmed on complaint. Pub. Sts. c. 155, § 34. If the consent of the adverse party could dispense with the surety, it might…
2Cases cited4 opinions
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Wheeler & Wilson Manufacturing Co. v. BurlinghamMassachusetts Supreme Judicial Court · 1884
- Keene v. WhiteMassachusetts Supreme Judicial Court · 1883
- Putnam v. BoyerMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Shea v. Neponset River Marine & Sportfishing, Inc.Massachusetts Appeals Court · 1982
- Territory of Hawaii ex rel. Holloway v. CottonHawaii Supreme Court · 1906
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Granger v. ParkerMassachusetts Supreme Judicial Court · 1886
7 more not listed; retrieve them via the Exa API.