First National Bank of Ithaca v. Gogin
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, on March 19, 1887, by one Prall as principal, and the defendant as surety, and containing a condition, among others, that Prall should within thirty days from said March 19 “ deliver himself up for examination before some magistrate authorized to act in such cases, first giving notice of the time and place of such examination,” as by law provided.
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Contract on a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, on March 19, 1887, by one Prall as principal, and the defendant as surety, and containing a condition, among others, that Prall should within thirty days from said March 19 “ deliver himself up for examination before some magistrate authorized to act in such cases, first giving notice of the time and place of such examination,” as by law provided. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. Prall,…
1Opinion of the Court
By the Court.
The obligation assumed by the defendant in the recognizance was that the debtor should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof, and appear at the time and place fixed for his examination, and abide the final order of the magistrate. The time and place of the examination is to be appointed by the magistrate, and not fixed by the debtor. If the arrest is on an execution, the statute fixes no time within which the examination shall be commenced. It is left…
2Cases cited1 opinion
- Barnes v. LaddMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Eames v. RiceMassachusetts Supreme Judicial Court · 1893