Eveleth v. Burnham
Massachusetts Supreme Judicial Court
Contract, brought November 20, 1868, against Webster F. Burnham as the principal, and Moses A. Shackley and Henry C. Poor as sureties, in a bond given to the plaintiff on September 16,1867, in the penal sum of $3000, the condition of which was “ that whereas the said Nancy Eveleth has caused the goods and estate of said Webster F. Burnham to the value of $3000 to be attached on mesne process in a civil action, by virtue of a writ ” dated September 5, 1867, returnable to the…
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Contract, brought November 20, 1868, against Webster F. Burnham as the principal, and Moses A. Shackley and Henry C. Poor as sureties, in a bond given to the plaintiff on September 16,1867, in the penal sum of $3000, the condition of which was “ that whereas the said Nancy Eveleth has caused the goods and estate of said Webster F. Burnham to the value of $3000 to be attached on mesne process in a civil action, by virtue of a writ ” dated September 5, 1867, returnable to the superior court at December term of that year, “ in which said writ the said Nancy is plaintiff and the said Webster F.…
1Opinion of the CourtChatman, C. J.
The bond is to be construed with reference to its real and proper object. The plaintiff had commenced an action against the defendant Webster F. Burnham and one Eli K. Burnham, and attached Webster F. Burnham’s property. She obtained a judgment against both on their default. Webster F. Burnham brought a writ of review, and at March term 1871 of the superior court obtained a reversal of the judgment against him. But her judgment against Eli K. Burnham stands unreversed. To dissolve the attachment of Webster F. Burnham’s property, he on September 16, 1867, gave the bond now in suit. Its…
2Cited by8 opinions
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- Patch v. RobbinsMassachusetts Supreme Judicial Court · 1928
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