Cutts v. King
Supreme Judicial Court of Maine
In this action, which was debt on a recognizance, entered into before a Justice of the Peace, pursuant to Stat. 1782. ch. 21. one D. K. was summoned as the trustee of the defendant; and denying, in his disclosure in the Court below, the possession of any goods, effects, or credits of the defendant at the time of the service of the writ, was there adjudged not to be trustee.
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In this action, which was debt on a recognizance, entered into before a Justice of the Peace, pursuant to Stat. 1782. ch. 21. one D. K. was summoned as the trustee of the defendant; and denying, in his disclosure in the Court below, the possession of any goods, effects, or credits of the defendant at the time of the service of the writ, was there adjudged not to be trustee. The cause being then brought into this Court by demurrer, and the pleadings below being waived, the defendant pleaded, first, that the term of three years was not expired after the money mentioned in the recognizance…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court, as follows.
By the second section of the Stat. 1782. ch. 21. the plaintiff was entitled to an execution on the recognizance of the defendant at any time within three years next after the debt thereby secured became payable. Before the expiration of that term the present action was commenced —and the first plea is founded on the position that no right of action then existed, because the plaintiff was entitled to execution. The statute gives the counsel the same remedy, process, action and execution on such recognizance, as are allowed, by law, on…
2Cases cited2 opinions
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Dunning v. OwenMassachusetts Supreme Judicial Court · 1817