Tracy v. Maloney
Massachusetts Supreme Judicial Court
Contract on a bond given by the defendants to dissolve an attachment in a suit commenced in the superior court by the plaintiffs against John Dunn and Catherine Maloney, doing business as partners under the style of John Dunn & Company, and conditioned to secure the payment of the judgment that might be rendered in that suit against John Dunn or Catherine Maloney or John Dunn & Company, within thirty days after the rendition thereof.
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Contract on a bond given by the defendants to dissolve an attachment in a suit commenced in the superior court by the plaintiffs against John Dunn and Catherine Maloney, doing business as partners under the style of John Dunn & Company, and conditioned to secure the payment of the judgment that might be rendered in that suit against John Dunn or Catherine Maloney or John Dunn & Company, within thirty days after the rendition thereof. The declaration alleged the making of the bond and the rendition of final judgment in said suit against Catherine Maloney, more than thirty days before the…
1Opinion of the CourtColt, J.
It was held in Read v. Sutton, 2 Cush. 115, that the docket is the record of the judgment, until the final record is fully extended, and that the same rules of presumed verity apply to it.
The bond upon which this action is brought is conditioned to secure the payment of the judgment, which the plaintiffs, in the suit then pending, might recover against John Dunn & Company or John Dunn or Catherine Maloney, and was given for the purpose of dissolving the attachment of property made therein. In due time judgment was recovered against Catherine Maloney, and by the express conditions of the bond…
2Cases cited2 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Inman v. MeadMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Way v. LewisMassachusetts Supreme Judicial Court · 1874
- Martiniello v. RobitailleMassachusetts Supreme Judicial Court · 1936
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