Mitchell v. Osgood
Supreme Judicial Court of Maine
This was an action of debt on ajudgment rendered by the Supreme Judicial Court of Massachusetts, in the county of Middle-sex, at March term 1824, upon a scire facias brought by the Treasurer of State, to have execution for the benefit of one Palmer, of a judgment rendered prior to the separation of Maine, for the penalty of the bond of office given by the late sheriff M’Millan, of the county of Oxford.
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This was an action of debt on ajudgment rendered by the Supreme Judicial Court of Massachusetts, in the county of Middle-sex, at March term 1824, upon a scire facias brought by the Treasurer of State, to have execution for the benefit of one Palmer, of a judgment rendered prior to the separation of Maine, for the penalty of the bond of office given by the late sheriff M’Millan, of the county of Oxford. The defendants, with one James Osgood, deceased, were the sureties of the sheriif, and inhabitants of the county of Oxford. In a case stated for the judgment of the court, the principal facts…
1Opinion of the Court
Mellen C. J.
In October 1817, judgment was recovered against the defendants for the whole penalty of the bond, which they and Osgood had signed as the sureties of McMillan. Allen, a creditor of McMillan, had execution for a part of said penalty. Afterwards Palmer, having obtained a judgment against McMillan's executors, sued a scire facias against the defendants to obtain satisfaction of his judgment also out of said penalty; and in March *1291824 obtained judgment and had execution in the name of Sargent, treasurer; a part of this sum was paid on the execution, and the present action of debt…
2Cases cited2 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Todd v. BradfordMassachusetts Supreme Judicial Court · 1822
3Cited by1 opinion
- Gavitt v. DoubCalifornia Supreme Court · 1863