Commonwealth v. Stevens
Massachusetts Supreme Judicial Court
Scire facias on a recognizance to the commonwealth. The defendant moved that the action be dismissed, because the attorney for the commonwealth had not certified that he had investigated the cause of action declared on, and that he was of opinion that it was a fit subject for judicial inquiry and trial, according to St. 1851, c. 233, § 40. In the court of common pleas this motion was overruled by Byington, J. and the defendant filed his exceptions.
1Opinion of the CourtCushing, J.
The record in this case shows a forfeiture of a recognizance, at September term, 1851, in a criminal proceeding; scire facias sued out and returned at December term, 1851; and at the same term a motion in behalf of the defendant to dismiss the case, for the alleged cause of the absence of a certificate, in the terms of the following provision of the St. of 1851, c. 233, § 40, namely: “ When an attorney shall be employed by the plaintiff, he shall certify at the foot of the declaration, or if by the defendant, at the foot of the answer or plea, that he has investigated the cause of action…
2Cases cited3 opinions
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Lamphear v. LampreyMassachusetts Supreme Judicial Court · 1808