Radovsky v. Sperling
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance against Abraham Sperling as principal and Israel Ziman as surety. Writ in the Second District Court of Bristol dated December 14, 1903. On appeal to the Superior Court the case was tried before Aileen, J., without a jury.
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Contract on a poor debtor’s recognizance against Abraham Sperling as principal and Israel Ziman as surety. Writ in the Second District Court of Bristol dated December 14, 1903. On appeal to the Superior Court the case was tried before Aileen, J., without a jury. At the close of the evidence, the substance of which is stated in the opinion, the plaintiff asked the judge to make the following rulings: 1. Upon all the evidence the plaintiff is entitled to recover. 2. After the defendant’s default on December 2, and after the refusal to him of the oath, the defendant, Sperling, was not entitled…
1Opinion of the CourtHammond, J.
This is an action on a poor debtor’s recognizance. From the record of the Second District Court of Bristol it appears that charges under the first and second clauses of R. L. c. 168, § 17, were filed by a judgment creditor against the defendant Sperling, the judgment debtor; that after a hearing thereon a certificate for his arrest upon the execution was issued; that on November 12, 1903, Sperling was arrested and brought before the court, and that on the same day he with one Ziman, the other defendant in this case, as his surety entered into the recognizance ; that on November 27, Sperling…
2Cases cited3 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Frost's CaseMassachusetts Supreme Judicial Court · 1879
- Noyes v. ManningMassachusetts Supreme Judicial Court · 1894
3Cited by2 opinions
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
- Radovsky v. SperlingMassachusetts Supreme Judicial Court · 1905