Durstin v. Dodge

On exceptions. This is an action on a statutory six-months’ bond, executed pursuant to the provisions of R. S., Chap. 124, Sec. 49.

The only record presented is a copy of the bond and bill of exceptions, from which it appears, in substance and effect, that the action was heard by the presiding justice without the assistance of a jury, with right of exceptions reserved on questions of law, upon the agreement that if the citation hereinafter mentioned was seasonably served upon the plaintiff, then judgment should be rendered for the defendants; otherwise for the plaintiff.

The justice ruled that…