Guez v. Dupuis
Massachusetts Supreme Judicial Court
Tort, brought in the District Court of Northern Berkshire, in which the writ described the defendant as “ Mary Dupuis, otherwise known as Mary Dupue.” The record of the District Court contained the following: “ December 6, 1887, judgment was given for plaintiff for $20 damages and costs taxed at $21.07, from which judgment defendant appeals to the next term of the Superior Court at Pittsfield, on the first Monday of January next.
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Tort, brought in the District Court of Northern Berkshire, in which the writ described the defendant as “ Mary Dupuis, otherwise known as Mary Dupue.” The record of the District Court contained the following: “ December 6, 1887, judgment was given for plaintiff for $20 damages and costs taxed at $21.07, from which judgment defendant appeals to the next term of the Superior Court at Pittsfield, on the first Monday of January next. Ordered to file bond in sum of $100. Given two weeks to file said bond. Bond filed and approved December 20, 1887.” This bond was as follows : “ Know all men by…
1Opinion of the CourtC. Allen, J.
We think none of the plaintiff’s objections to the bond sufficient to invalidate the defendant’s appeal.
1. It was not necessary to name the surety in the body of the bond. Danker v. Atwood, 119 Mass. 146. Ahrend v. Odiorne, 125 Mass. 50.
2. There were two seals in fact, and that is enough. Mill Bam Foundery v. Hovey, 21 Pick. 417, 428.
3. It was not necessary to specify the day of the month in the date of the bond. Shaughnessey v. Lewis, 130 Mass. 355.
4. The statement of the damages and costs conforms to the record. The insertion of the word “ and” after “ twenty dollars” signifies nothing,…
2Cases cited6 opinions
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Franklin v. TalmadgeNew York Supreme Court · 1809
- Shaughnessey v. LewisMassachusetts Supreme Judicial Court · 1881
- Danker v. AtwoodMassachusetts Supreme Judicial Court · 1875
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.