Commonwealth v. Green
Massachusetts Supreme Judicial Court
Contract against Daniel Green and Clark Green. The declaration was as follows: “ And the plaintiff says that the said Daniel Green, on the nineteenth day of July, A. d. 1881, being then legally in custody upon a warrant duly issued, after complaint in due course of law, by Thomas J. Cobb, Esq., a justice of the peace within and for the county of Bristol and who is also clerk of the Third District Court of Bristol in said county, was lawfully required to enter into…
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Contract against Daniel Green and Clark Green. The declaration was as follows: “ And the plaintiff says that the said Daniel Green, on the nineteenth day of July, A. d. 1881, being then legally in custody upon a warrant duly issued, after complaint in due course of law, by Thomas J. Cobb, Esq., a justice of the peace within and for the county of Bristol and who is also clerk of the Third District Court of Bristol in said county, was lawfully required to enter into recognizance to the Commonwealth, with sureties, in the sum of eight hundred dollars, for his personal appearance before said…
1Opinion of the CourtDevens, J.
The recognizance declared on was carefully and accurately drawn. In view of the fact that the plaintiff’s declaration was amended by leave of court, it is somewhat peculiar that it was not so amended as to follow the well-established forms in such cases, and to obviate such objections as are here made. Whatever might have been the result had these objections been made by demurrer, they cannot prevail when made only at the trial.
1. The legal effect of the recognizance was stated, and a copy was referred to, to be produced. It was averred to be a recognizance for the personal appearance of…
2Cases cited2 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Capron v. AnnessMassachusetts Supreme Judicial Court · 1884
3Cited by2 opinions
- Fowler v. BrooksMassachusetts Supreme Judicial Court · 1905
- State v. EdminsterSupreme Judicial Court of Maine · 1909