Ruggles v. Ives
Massachusetts Supreme Judicial Court
This was a writ of scire facias, in which the plaintiffs allege that, at the term of this Court holden in May, 1808, they recovered judgment against Benjamin Hawkins and Asher Canfield, both of the city of New York, for 43 dollars 30 cents, for costs and charges in an action brought against the now plaintiffs by the said Hawkins and Canfield; and although the judgment be thereof rendered, yet the execution thereof yet remains to be done ; whereupon the defendant Ives, who…
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This was a writ of scire facias, in which the plaintiffs allege that, at the term of this Court holden in May, 1808, they recovered judgment against Benjamin Hawkins and Asher Canfield, both of the city of New York, for 43 dollars 30 cents, for costs and charges in an action brought against the now plaintiffs by the said Hawkins and Canfield; and although the judgment be thereof rendered, yet the execution thereof yet remains to be done ; whereupon the defendant Ives, who endorsed the original writ in the said action, is summoned to show cause wherefore the plaintiffs should not have their…
1Opinion of the CourtParsons, C. J.
The writ in this case is founded on the statute of 1784, c. 28, § 11. By this statute, all original writs are, before they are served, to be endorsed by * the [ * 495 ] plaintiff, his agent or attorney. And if the defendant recover costs, the endorser is made liable, on the avoidance or inability of the plaintiff to pay the costs. The endorser is considered therefore, as stipulating for the plaintiff, that he shall pay to the defendant his costs. For if the plaintiff does not avoid the defendant’s execution, but is arrested on it, and is unable to satisfy it, the endorser is liable, in the…
2Cited by10 opinions
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Miller v. WashburnMassachusetts Supreme Judicial Court · 1814
- Carroll v. WilliamsSupreme Court of Rhode Island · 1894
- Bird v. JohnstonMassachusetts Supreme Judicial Court · 1918
- Chase v. GilmanSupreme Judicial Court of Maine · 1838
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