Lincoln v. Cook
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. o. 124, § 10, on September 20, 1875, by Moses White as principal, and the defendant as surety, and conditioned that White, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof, and appear at the time fixed for his examination, and…
Read the full summary
Contract on a recognizance entered into under the Gen. Sts. o. 124, § 10, on September 20, 1875, by Moses White as principal, and the defendant as surety, and conditioned that White, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof, and appear at the time fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the magistrate, making no default at any…
1Opinion of the CourtSoule, J.
It is well settled and familiar law that it is competent for magistrates to amend their records, and that, when *386amended, such records are evidence of the truth of what they contain. Cook v. Berth, 108 Mass. 73. The amended record stated that the examination of the debtor was. adjourned to January 29, at 9 o’clock, A. M., with leave to the debtor to appear at any time between 9 and 12 o’clock, and that the magistrate held the proceedings open till 12 o’clock, and, while they were so open and pending, the debtor appeared, and the examination and proceedings were further adjourned till February…
2Cases cited2 opinions
- Cook v. BerthMassachusetts Supreme Judicial Court · 1871
- Carleton v. WakefieldMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- May v. HammondMassachusetts Supreme Judicial Court · 1888
- Merrill v. KaulbackMassachusetts Supreme Judicial Court · 1893
- DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
- Radovsky v. SperlingMassachusetts Supreme Judicial Court · 1905