Way v. Brigham
Massachusetts Supreme Judicial Court
Scire eacias against the sureties on a bail bond. Writ dated July 21, 1883. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiff, by writ dated February 26, 1883, and returnable to the Superior Court for Suffolk county at April term, 1883, brought an action of contract upon a judgment against Horace L. Duncklee, described as of Cambridge, in the county of…
Read the full summary
Scire eacias against the sureties on a bail bond. Writ dated July 21, 1883. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiff, by writ dated February 26, 1883, and returnable to the Superior Court for Suffolk county at April term, 1883, brought an action of contract upon a judgment against Horace L. Duncklee, described as of Cambridge, in the county of Middlesex, and as having his usual place of business in Boston, in the county of Suffolk; and, upon said writ, caused the…
1Opinion of the CourtC. Allen, J.
The affidavit included the first and fifth charges contained in the Pub. Sts. c. 162, § 17. The first charge required notice to the debtor, before a certificate authorizing arrest could be made; the fifth charge did not. No notice was issued, and the magistrate certified that, after due hearing, he was satisfied there was reasonable cause to believe that thé charge made in the affidavit was true; and he authorized an arrest accordingly. This certificate, under these circumstances, could only refer properly to the fifth charge; and such, we think, is its proper construction. It is, however,…
2Cases cited4 opinions
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- Murphy v. ManningMassachusetts Supreme Judicial Court · 1883
- Brown v. WallaceMassachusetts Supreme Judicial Court · 1810
- Crane v. ShawMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Brown v. HannaganMassachusetts Supreme Judicial Court · 1911