Howard v. Roach
Massachusetts Supreme Judicial Court
Contract by a judgment creditor of one George H. Brown against the surety on a poor debtor recognizance entered into by Brown with the defendant as a surety in the Police Court of Lowell under R. L. c. 168, § 30. , Writ dated January 22, 1916. In the Superior Court the case was heard by Hamilton, J., without a jury. The material facts are stated in the opinion.
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Contract by a judgment creditor of one George H. Brown against the surety on a poor debtor recognizance entered into by Brown with the defendant as a surety in the Police Court of Lowell under R. L. c. 168, § 30. , Writ dated January 22, 1916. In the Superior Court the case was heard by Hamilton, J., without a jury. The material facts are stated in the opinion. Upon these facts the plaintiff contended that there had been a breach of the condition of the recognizance which required the judgment debtor within thirty days from the day of his arrest to deliver himself up for examination before a…
1Opinion of the CourtDe Courcy, J.
George H. Brown, the judgment debtor, was arrested December 18, 1915, on an execution to which was annexed the certificate of the magistrate that he was satisfied there was reasonable cause to believe that the second and third charges under R. L. c. 168, § 17, were true. When taken before the presiding judge of the Police Court of Lowell, Brown recognized, with the defendant Roach as surety, pursuant to c. 168, § 30, namely, “that within thirty days from the day of his arrest he will deliver himself up for examination before a police, district or municipal court, or a trial justice, giving…
2Cases cited9 opinions
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Barnes v. LaddMassachusetts Supreme Judicial Court · 1881
- Marple v. BurtonMassachusetts Supreme Judicial Court · 1887
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- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
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