Learnard v. Bailey
Massachusetts Supreme Judicial Court
Contract on a recognizance dated December 1,1869, entered into by Joseph Goodfellow, as principal, and the defendant as surety, before a master in chancery, reciting that Goodfellow was brought before the magistrate, having been arrested by a deputy sheriff, on mesne process in an action of contract, and by virtue of a writ, issued in due form of law out of the Superior Court, in favor of the plaintiffs in this suit, to which writ was annexed an affidavit of the plaintiffs,…
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Contract on a recognizance dated December 1,1869, entered into by Joseph Goodfellow, as principal, and the defendant as surety, before a master in chancery, reciting that Goodfellow was brought before the magistrate, having been arrested by a deputy sheriff, on mesne process in an action of contract, and by virtue of a writ, issued in due form of law out of the Superior Court, in favor of the plaintiffs in this suit, to which writ was annexed an affidavit of the plaintiffs, an attested copy of which was attached to the recognizance; and conditioned that Goodfellow should deliver himself up…
1Opinion of the CourtChapman, C. J.
The recognizance upon which this action is brought was taken before a master in chancery, and recites that Goodfellow, the principal, had been taken on a writ issued out of the Superior Court, and brought before him. It was necessary to prove the authority of the magistrate to take the recognizance, and if he acted beyond the limits of his jurisdiction the proceedings were coram non judice and void. Piper v. Pearson, 2 Gray, 120. His recital in the recognizance was evidence of what took place before him, but not of facts supposed to have occurred in his absence, and constituting the authority…
2Cited by5 opinions
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- Cook v. HarringtonMassachusetts Supreme Judicial Court · 1885