Skinner v. Phillips
Massachusetts Supreme Judicial Court
This was a writ of scire facias, and it recites — that the plaintiff, in his capacity of treasurer of the commonwealth, by the consideration of the justices of the Court of Common Pleas for this county, holden on the first Tuesday of July, A. D. 1806, recovered judgment against the defendants for the sum of ten thousand dollars ; that, upon the judgment so recovered, execution hath issued, and been awarded for the said Skinner, in his said capacity, and for the use of the…
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This was a writ of scire facias, and it recites — that the plaintiff, in his capacity of treasurer of the commonwealth, by the consideration of the justices of the Court of Common Pleas for this county, holden on the first Tuesday of July, A. D. 1806, recovered judgment against the defendants for the sum of ten thousand dollars ; that, upon the judgment so recovered, execution hath issued, and been awarded for the said Skinner, in his said capacity, and for the use of the commonwealth, for the sum of 1536-dollars 46 cents, and execution remains to be done for the residue of the said debt;…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
It appears from the record that Phillips having given bond as sheriff, with the other defendants as his sureties, to the state treasurer and his successors, with a condition faithfully to discharge the duties of his office agreeably to the statute of 1783, c. 44; that for a breach of the condition the bond had been sued by the treasurer, judgment recovered for the penalty, and execution had been awarded for the damages that had arisen by the breach *70of that condition ; that one Thomas Guillaume having since recovered a judgment…
2Cited by10 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Turner, Frazer & Co. v. KillianNebraska Supreme Court · 1882
- Frost v. American Surety Co.Massachusetts Supreme Judicial Court · 1914
- Graton v. City of CambridgeMassachusetts Supreme Judicial Court · 1927
- State v. NewellOhio Circuit Courts · 1886
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