Stewart v. Griswold

This is an action on a recognizance given under the Gen. Sts. c. 124, § 10. The defendants allege that the arrest on which the principal defendant was brought before the magistrate who took the recognizance was unlawful, and that therefore the recognizance is void. The main point relied on in support of this contention is that no sufficient notice to appear for examination was given to the principal defendant under the St. of 1877, o. 250, § 1. By that statute, “Such notice may be served by ... . leaving the same at his last and usual place of abode not less than three days before the time…