Bingham v. Pepoon
Massachusetts Supreme Judicial Court
Debt on a bond. The defendants prayed oyer of ihe bond, which was in common form; and of the condition, which, after reciting that the plaintiff had recovered a judgment in an action of trespass on the case, against the said Silas, for the sum of 532 dollars 73 cents damage, and 46 dollars 6 cents costs, and that the said Silas, at the time of rendering the said judgment, informed the Court that he would prosecute a writ of review of the said action, &c., proceeds thus: “…
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Debt on a bond. The defendants prayed oyer of ihe bond, which was in common form; and of the condition, which, after reciting that the plaintiff had recovered a judgment in an action of trespass on the case, against the said Silas, for the sum of 532 dollars 73 cents damage, and 46 dollars 6 cents costs, and that the said Silas, at the time of rendering the said judgment, informed the Court that he would prosecute a writ of review of the said action, &c., proceeds thus: “ Now, the condition of the foregoing obligation is such, that if the said Silas shall prosecute a review of said action to…
1Opinion of the Court
Curia.
The judgment in the first suit is a final judgment, although no execution can issue, and of consequence the attachment in the original suit, if there was one, is lost by the review.
It would be absurd to suppose that the legislature intended to impair the rights of the parties. We must, therefore, consider the bond as good, nor does the provision of the statute appear to us unreasonable.
The using of different language in different sections of the statute, seems to have been the effect of accident or inattention, as the two cases supposed afford no ground for a distinction. Let judgment…
2Cases cited1 opinion
- Bacon v. OtisMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Russia Cement Co. v. Le Page Co.Massachusetts Supreme Judicial Court · 1897