Henshaw v. Savil
Massachusetts Supreme Judicial Court
Contract against the sureties upon a recognizance under Gen. Sts. c. 124, § 17, by which the principal, having been arrested on execution, recognized to appear at the time fixed for his examination, and to abide the order of the magistrate.
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Contract against the sureties upon a recognizance under Gen. Sts. c. 124, § 17, by which the principal, having been arrested on execution, recognized to appear at the time fixed for his examination, and to abide the order of the magistrate. At the trial in the Superior Court, before Lord, J., the plaintiff introduced the record of the court on which the execution was founded, and also the execution itself, dated May 9, 1872, with the officer’s return upon it, which showed that the defendant was arrested in Norfolk County, May 24, 1872, and was discharged from arrest by a trial justice May…
1Opinion of the CourtWells, J.
The record of the magistrate properly embraced the notice to the creditor and the officer’s return thereon. Upon their regularity his jurisdiction to admit the debtor to his oath depended. Copies thereof, certified by the magistrate, were competent, and the proper mode of proving the facts for the purposes of this case.
It thus appeared that the service of notice, which gave the magistrate apparent jurisdiction, was made upon the creditor’s attorney in Suffolk County. Parol testimony that the service was in fact made in Suffolk County, and that French was not an officer in that county, did not…
2Cited by5 opinions
- May v. HammondMassachusetts Supreme Judicial Court · 1888
- Lowery v. CaldwellMassachusetts Supreme Judicial Court · 1885
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922
- Beard v. SeaveyMassachusetts Supreme Judicial Court · 1906