Currier v. Bartlett
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on an agreed statement of facts in substance as follows : Charles H. Bartlett as principal, and the defendant as surety, entered into the recognizance, in the performance of the conditions of which there was a default.
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Contract on a poor debtor’s recognizance. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on an agreed statement of facts in substance as follows : Charles H. Bartlett as principal, and the defendant as surety, entered into the recognizance, in the performance of the conditions of which there was a default. Charles H. Bartlett was arrested upon an execution, dated March 2, 1874, which recited that judgment was recovered against him on March 1, 1875. It was also agreed, if competent, that the execution was in fact issued on March…
1Opinion of the CourtAmes, J.
The judgment in the original case was rendered on March 1, 1875. The execution upon that judgment, although it might have been issued on the second day of March, could not have been issued on that day of March of the preceding year. It therefore bears an impossible date. This was a mere clerical error, manifest on the face of the paper, and carrying with it the means for its own correction. The debtor could not have been at a loss for a moment as to the true date.
In Leonard v. Speidel, 104 Mass. 356, it was held that the error of inserting the name of the plaintiff in the place intended for…
2Cases cited4 opinions
- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
- Bank of Whitehall v. PettesSupreme Court of Vermont · 1841
- Worthy v. WarnerMassachusetts Supreme Judicial Court · 1876
- Scott v. AdamsNew York Supreme Court · 1834
3Cited by5 opinions
- Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
- Olson v. Muskegon Circuit JudgeMichigan Supreme Court · 1882
- Sibley v. KrauskopfSupreme Court of Connecticut · 1934
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922
- Corthell v. EgerySupreme Judicial Court of Maine · 1882