Pray v. Wasdell
Massachusetts Supreme Judicial Court
Contract on a bond, bearing date August 13, 1884, to the plaintiff, by the defendant Charles Stebbins as principal, and by the other defendants as sureties, filed and approved on September 1, 1884, and containing the following condition: “ The condition of this obligation is such that whereas the said William Pray, by the consideration of the justice of the First District Court of Eastern Middlesex holden at Malden within the County of Middlesex for civil business on the…
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Contract on a bond, bearing date August 13, 1884, to the plaintiff, by the defendant Charles Stebbins as principal, and by the other defendants as sureties, filed and approved on September 1, 1884, and containing the following condition: “ The condition of this obligation is such that whereas the said William Pray, by the consideration of the justice of the First District Court of Eastern Middlesex holden at Malden within the County of Middlesex for civil business on the sixteenth day of August in the year of our Lord one thousand eight hundred and eighty-four, recovered judgment against the…
1Opinion of the CourtKnowlton, J.
The defendants do not contend, and we think they could not successfully contend, that the security to be furnished upon an appeal under the Pub. Sts. c. 175, § 6, in a suit to recover possession of land should be by recognizance, and not by bond. See Granger v. Parker, 142 Mass. 186; St. 1882, c. 95.
The condition of the bond in this case differs in its language from that called for by the statute. A defendant, upon taking an appeal in a case of this kind, should bind himself “ to enter the action, and to pay to the plaintiff if the final judgment is in his favor all rent then due, all…
2Cases cited6 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Shaughnessey v. LewisMassachusetts Supreme Judicial Court · 1881
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- Martin v. CampbellMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Skinner v. HoltSouth Dakota Supreme Court · 1896
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- School District No. 18 of Wheatland v. StombergNorth Dakota Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.