Callaghan v. Whitmarsh
Massachusetts Supreme Judicial Court
Contract, against D. W. Whitmarsh and Alvin C. Brownell, upon a poor debtor’s recognizance, entered into on September 3, 1886, under the Pub. Sts. e. 162, '§ 28, by the first-named defendant as principal, and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtField, J.
It appears by the agreed statement of facts that “ the only alleged breach of the recognizance whereby the plaintiff seeks to recover is the fact that the notice required to be given by the Pub. Sts. e. 162, § 32, to the judgment creditor,” was served by the officer’s giving in hand to the creditor’s attorney the original notice, instead of an attested copy. At the argument, it was contended, among other things, that the subsequent proceedings before the magistrate were void, because he could not have had before him the notice, with the officer’s return of service upon it. The record of the…
2Cases cited2 opinions
- Wilbur v. RipleyMassachusetts Supreme Judicial Court · 1878
- Calnan v. ToomeyMassachusetts Supreme Judicial Court · 1880
3Cited by1 opinion
- Teslovich Et Ux. v. Fire. F. Ins. Co.Superior Court of Pennsylvania · 1933