Glover v. Heath
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment of this Court rendered at October term, A. D. 1804, against the plaintiff in error, in an action of debt upon a bond given by him, for the faithful execution of the last will and testament of Enoch Glover, deceased.
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This was a writ of error brought to reverse a judgment of this Court rendered at October term, A. D. 1804, against the plaintiff in error, in an action of debt upon a bond given by him, for the faithful execution of the last will and testament of Enoch Glover, deceased. In the original action, the defendant confessed the forfeiture of the bond declared on ; and upon a hearing in chancery, judgment was rendered in favor of the judge of probate for the penalty of the bond; and it was further ordered by the Court, that the said judge should have execution for eight several sums, part of the…
1Opinion of the Court
By the Court.
The names of all the persons, whose names were endorsed on the original writ, and for whose use executions were awarded, ought to have been inserted in the scire facias.
The writ was amended by consent, and the cause stood con tinned to this term. The errors assigned were, that two of the persons, for whose use execution was awarded, were dead at the time of rendering the judgment.
To the errors thus assigned the defendant in error demurred, and the plaintiff joined in demurrer.
By the Court.
In the present case, the legatees producing no
decree for the payment of their legacies, nor…
2Cited by6 opinions
- Donaher v. FlintMassachusetts Supreme Judicial Court · 1905
- Bath Bridge & Turnpike Co. v. MagounSupreme Judicial Court of Maine · 1832
- Judge of Probate v. EmerySuperior Court of New Hampshire · 1833
- Page v. WheelerSuperior Court of New Hampshire · 1829
- Judge of Probate v. JohnsonMississippi Supreme Court · 1840
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