Bush v. Hovey
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a writ of review of an action brought by the respondents against the petitioner, returnable at October term 1874. At the hearing, before Pitman, J., the following facts appeared: Before the entry of the action, the petitioner filed a bond to dissolve the attachment which was made more than four months before his bankruptcy.
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Petition to the Superior Court for a writ of review of an action brought by the respondents against the petitioner, returnable at October term 1874. At the hearing, before Pitman, J., the following facts appeared: Before the entry of the action, the petitioner filed a bond to dissolve the attachment which was made more than four months before his bankruptcy. Before the case was reached for trial, the petitioner was adjudicated a bankrupt, and suggested his bankruptcy on the docket. When the case was reached for trial, the petitioner was defaulted and judgment rendered against him in January,…
1Opinion of the CourtGray, C. J.
When the original judgment, rendered at January term 1875, was vacated, on the application of the petitioner at April term 1875, the liability of the obligors on the bond previously given to dissolve the attachment ceased. St. 1875, c. 33.
The St. of 1875, e. 68, which authorizes the court to enter a special judgment for the plaintiff to enable him to proceed against the sureties on a bond given to dissolve an attachment since the passage of this statute, and requires any such bond given since its passage to contain a condition that the sureties will pay the amount of such special judgment…
2Cited by1 opinion
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