Stack v. O'Brien
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into by John O’Brien as principal, and by the defendant as surety. Trial in the Superior Court, without a jury, before Hammond, J., who ruled that there was a breach of the recognizance; and ordered judgment for the plaintiff. The defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
It appears that the recognizance for breach of ■which this action is brought was taken by a special justice of the District Court of Central Berkshire. . It does not appear from the record that it was taken by him while exercising the powers and duties of the court. Without considering the matter of the notice, we think this is an insuperable objection to the plaintiff’s recovery.
The Pub. Sts. c. 162, § 27, provided that a poor debtor, arrested on execution (and the defendant is to be treated in *375this case under the provisions of the Pub. Sts. c. 85, § 20, as one) should be “ taken before some…
2Cases cited4 opinions
- Brayman v. WhitcombMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1879
- Gibbs v. TaylorMassachusetts Supreme Judicial Court · 1887
3Cited by4 opinions
- Toy v. GreenMassachusetts Supreme Judicial Court · 1946
- Bent v. StoneMassachusetts Supreme Judicial Court · 1903
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- FinniganMassachusetts Land Court · 1902