Martin v. Campbell
Massachusetts Supreme Judicial Court
Contract against Hugh C. Campbell, Ann Campbell, hi? wife, and John McGrady, the first two defendants being the prin cipals, and the last the surety, on a recognizance entered into before a justice of the peace to prosecute.an appeal from his judgment in a case under the Gen. Sts. c. 137. The principals were defaulted, and the surety alone defended.
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Contract against Hugh C. Campbell, Ann Campbell, hi? wife, and John McGrady, the first two defendants being the prin cipals, and the last the surety, on a recognizance entered into before a justice of the peace to prosecute.an appeal from his judgment in a case under the Gen. Sts. c. 137. The principals were defaulted, and the surety alone defended. At the trial in the Superior Court, before Pitman, J., the entering into the recognizance, the failure of the original defendants to prosecute their appeal, the affirmation of the judgment of the justice of the peace in the Superior Court, and the…
1Opinion of the CourtAmes, J.
The act of recognizing, in order to give to a party an appeal from the judgment of a justice of the peace in a civil action, is performed by assenting to the words of the magistrate, to the effect that the conusors acknowledge themselves to be in« *129debtcd to the other party in a specified sum, to be. paid if the party appealing fails to enter and prosecute his appeal. A brief minute of the transaction is entered on the record, in order that a more full memorandum may be prepared when it is wanted. This memorandum is not itself the recognizance, although it is not unfrequently so called, as it…
2Cases cited1 opinion
- Cook v. BerthMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Pray v. WasdellMassachusetts Supreme Judicial Court · 1888
- Bradley v. ReynoldsSupreme Court of Connecticut · 1892
- West v. StateSupreme Court of Florida · 1915
- Cason v. CasonTennessee Supreme Court · 1905
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