Benway v. Jarratt

These actions were tried together on an agreed statement of facts, which are substantially as follows: One Allen was arrested on two executions in actions of tort in behalf, respectively, of Francis L. Benway and of Frank Benway. Wilfrid J. Gaffney, Esquire, was attorney of record for the plaintiff in each execution. Allen, on the day of his arrest, recognized with the defendant Jarratt as surety in the sum of $200 on each execution, that within thirty days he would appear before some court for examination, as provided in G. L. c. 224. Later he applied to the Municipal Court of the City of…