Goodall v. Myrick
Massachusetts Supreme Judicial Court
Contract against Orrin D. Myrick and Thomas A. Johnston, on a recognizance under the Gen. Sts. e. 124, § 10, entered into by Myrick, as principal, and Johnston, as surety, conditioned that Myrick, who had been arrested upon an execution issued on a judgment in favor of the plaintiff, would, within thirty days, “ deliver himself up for examination,” “ and appear at the time and place fixed for his examination, and from time to time until the same is concluded, and not depart…
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Contract against Orrin D. Myrick and Thomas A. Johnston, on a recognizance under the Gen. Sts. e. 124, § 10, entered into by Myrick, as principal, and Johnston, as surety, conditioned that Myrick, who had been arrested upon an execution issued on a judgment in favor of the plaintiff, would, within thirty days, “ deliver himself up for examination,” “ and appear at the time and place fixed for his examination, and from time to time until the same is concluded, and not depart without leave of the magistrate, making no default at any time fixed for his examination, and abide the final order of…
1Opinion of the CourtAmes, J.
There has been no breach of the condition of this recognizance. The examination had been completed, and the debtor was present at the final decision. He was then liable to be taken upon the execution, but no officer was present to serve it. He was not bound to wait till the officer could be sent for, or to take any pains to promote or procure his own arrest. His presence there, at that stage of the proceedings, was all that was required of him by the terms of the recognizance. Russell v. Goodrich, 8 Allen, 150. There being no execution before the magistrate, upon which he could indorse a…
2Cited by3 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Fuller v. MeehanMassachusetts Supreme Judicial Court · 1875
- Sallinger v. HughesMassachusetts Supreme Judicial Court · 1920