Vose v. Deane
Massachusetts Supreme Judicial Court
This suit was prosecuted to review a judgment heretofore rendered in this Court upon a scire facias, brought by the defendants in review against the plaintiff in review, to have execution upon a recognizance entered into by the latter to the former, before a justice of the peace, as surety for one John Harris, charged before the magistrate as a receiver of stolen goods, the property of the defendants in review.
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This suit was prosecuted to review a judgment heretofore rendered in this Court upon a scire facias, brought by the defendants in review against the plaintiff in review, to have execution upon a recognizance entered into by the latter to the former, before a justice of the peace, as surety for one John Harris, charged before the magistrate as a receiver of stolen goods, the property of the defendants in review. The recognizance was con- [ * 381 ] ditioned for Harris’s * appearance at the then next term of this Court, to answer to the said charge, and was in-, tended to secure to the…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Sedgwick, J.
There are several questions presented to the Court in this case, one only of which is necessary to be determined; and that is, whether the justice of the peace, who took the recognizance, was authorized to take it.
It cannot be necessary to prove, that a ministerial officer can do no valid act, but what he is, either expressly or by * necessary implication, authorized to do. In this case, [ * 283 ] *238it is not pretended that a justice is expressly authorized to take a recognizance to the party injured, for the treble damages; and we…
2Cited by16 opinions
- People v. KaneNew York Supreme Court · 1847
- Hathaway Bakeries, Inc. v. Labor Relations CommissionMassachusetts Supreme Judicial Court · 1944
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- United States v. KeiverU.S. Circuit Court for the District of Western Wisconsin · 1893
- Morrow v. StateSupreme Court of Kansas · 1870
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