Sanderson v. Stevens
Massachusetts Supreme Judicial Court
Scire facias against Charles A. Stevens and Barnabas Snow, as sureties on a bail bond. At the trial in the Superior Court, before Bacon, J., it appeared that hi or man A. Smith had been arrested on a writ in favor of the plaintiffs, issued against him and Isaac C. Colton, as copartners; and, with the defendants as sureties, executed the bond in suit, the condition of which was that Smith should appear and answer “ to the plaintiffs in said suit upon said writ, and shall…
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Scire facias against Charles A. Stevens and Barnabas Snow, as sureties on a bail bond. At the trial in the Superior Court, before Bacon, J., it appeared that hi or man A. Smith had been arrested on a writ in favor of the plaintiffs, issued against him and Isaac C. Colton, as copartners; and, with the defendants as sureties, executed the bond in suit, the condition of which was that Smith should appear and answer “ to the plaintiffs in said suit upon said writ, and shall abide the final judgment of said court thereon.” It further appeared that Colton was, at the time the writ against him was…
1Opinion of the CourtWells, J.
The statement of the case shows a breach of the bail bond. The only point raised by the exceptions is that the judgment was against Smith alone, whereas the writ upon which the arrest was made was against Smith and Colton.
There is nothing in the bond which limits it to a joint judgment, or indicates that it was given with any reference to the joint character of the suit. The objection, therefore, can only have force on the ground that the discontinuance against Colton was prejudicial to the rights of the sureties. This we think' cannot be maintained.
The discontinuance and separate judgment…
2Cases cited2 opinions
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Happenny v. TraynerMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Salvin v. SidmanMassachusetts Supreme Judicial Court · 1918
- Sharpe v. W. J. Morgan & Co.Appellate Court of Illinois · 1892
- Bollwerk v. HirshonMassachusetts Supreme Judicial Court · 1917
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