Hendrick v. Whittemore
Massachusetts Supreme Judicial Court
Contract to recover one half of the amount paid by the plaintiff in full satisfaction of an execution issued against him and the defendant by Aperry Peck, a justice of the peace for Hampshire, November 10, 1868, upon a judgment recovered by the firm of Moore & Martin against them, on then* default, before said justice, on a writ of scire facias upon a bail bond in which they were sureties for John Quirk.
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Contract to recover one half of the amount paid by the plaintiff in full satisfaction of an execution issued against him and the defendant by Aperry Peck, a justice of the peace for Hampshire, November 10, 1868, upon a judgment recovered by the firm of Moore & Martin against them, on then* default, before said justice, on a writ of scire facias upon a bail bond in which they were sureties for John Quirk. In the amount paid by the plaintiff, and thus sued for, were included costs in the scire facias ; and a copy of the bail bond was annexed to the declaration. At the trial in the superior…
1Opinion of the CourtWells, J.
This verdict rests upon the judgment rendered on scire facias against the plaintiff and defendant jointly. The objection made to that judgment is, that the writ named no hour, on the day of return, at which the defendants were required tc appear.
The forms of writs, returnable before a justice of the peace given by the St. of 1784, c. 28, make them returnable at a fixed *27hour. It was held in Blanchard v. Walker, 4 Cush. 455, that such a writ could not properly be entered after the hour had elapsed; and if so entered, that the defendant might refuse to appear, or might appear for the purpose…
2Cases cited8 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
- Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- State v. WearSupreme Court of Missouri · 1898
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Williams v. BallTexas Supreme Court · 1879
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Peyton v. PeytonWashington Supreme Court · 1902
56 more not listed; retrieve them via the Exa API.