Thayer v. Goddard
Massachusetts Supreme Judicial Court
This was a petition by E. Thayer and J. C. Bates, merchants and copartners, in which they represent, that Goddard sued out a writ against Heman Fay and another, on which Fay was arrested ; that the petitioners became bail for Fay ; that at the October term 1835, of the Court of Common Pleas, Goddard recovered judgment in his action, for $ 1628-66 ; that he afterwards sued out a scire facias against the petitioners, as bail, returnable at the April term 1836, of the Common…
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This was a petition by E. Thayer and J. C. Bates, merchants and copartners, in which they represent, that Goddard sued out a writ against Heman Fay and another, on which Fay was arrested ; that the petitioners became bail for Fay ; that at the October term 1835, of the Court of Common Pleas, Goddard recovered judgment in his action, for $ 1628-66 ; that he afterwards sued out a scire facias against the petitioners, as bail, returnable at the April term 1836, of the Common Pleas, and the scire facias was entered in court ; that by reason of accident and mistake, no appearance was entered for…
1Opinion of the Court
Shaw C. J.
delivered che opinion of the Court. The first, and by far the most important question is, whether the Court have authority, in the present case, to grant a review, or rather, (the authority being given in terms broad enough to include it,) whether, upon a review, it would be competent for the Court to afford the petitioners the relief which they propose, and expect to obtain by a review. The petitioners have been defaulted, as they allege, by accident and mistake, on a suit by scire facias against them as bail of one Heman Fay, whom it was their intention to surrender, in discharge…
2Cases cited2 opinions
- Ely v. ForwardMassachusetts Supreme Judicial Court · 1810
- Galloway v. PitmanMassachusetts Supreme Judicial Court · 1807