May v. Hammond
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT upon poor debtor recognizances, entered into under the Pub. Sts. c. 162, § 28, by the first-named defendant as principal, and the other defendant as surety, and containing the usual conditions.
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Two ACTIONS OF CONTRACT upon poor debtor recognizances, entered into under the Pub. Sts. c. 162, § 28, by the first-named defendant as principal, and the other defendant as surety, and containing the usual conditions. The cases were tried in the Superior Court, before Bacon, J., who allowed a bill of exceptions in each case, which, so far as material, was as follows: , It appeared in evidence that Hammond was duly arrested upon an execution in favor of the plaintiff, judgment having been recovered against him as indorser of a promissory note made to the plaintiff by one Ames. The affidavit of…
1Opinion of the CourtC. Allen, J.
1. The Pub. Sts. c. 162, § 17, cl. 5, include the liability as indorser of a promissory note.
2. It is true that the statutes do not, in express terms, require magistrates who hear applications for the discharge of persons arrested on mesne process and execution to keep records of their proceedings, but, as they act in a judicial capacity, it is proper for them to keep such records, and such records when so kept are to be taken as their official statement of what they have done, and are the proper evidence thereof; and it is competent for such magistrates to amend their records, and when…
2Cases cited4 opinions
- Cook v. BerthMassachusetts Supreme Judicial Court · 1871
- Henshaw v. SavilMassachusetts Supreme Judicial Court · 1873
- Lincoln v. CookMassachusetts Supreme Judicial Court · 1878
- Sewall v. SullivanMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
- Gardiner v. ParsonsMassachusetts Supreme Judicial Court · 1916
- Bent v. StoneMassachusetts Supreme Judicial Court · 1903
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Tufts v. HancoxMassachusetts Supreme Judicial Court · 1898
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