O'Connell v. Hovey
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into on April 30, 1873, under the Gen. Sts. c. 124, § 10, by the first-named defendant as principal, and the other as surety, and containing the usual conditions.
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Contract on a recognizance entered into on April 30, 1873, under the Gen. Sts. c. 124, § 10, by the first-named defendant as principal, and the other as surety, and containing the usual conditions. The declaration alleged that Hovey was arrested on an executorn duly issued on a judgment in favor of the plaintiff, and entered into the recognizance declared on; that Hovey, within the thirty days, the plaintiff having been notified of the time and place, presented himself for examination before a magistrate; that on his examination, it being disclosed that since his arrest, and before, since the…
1Opinion of the CourtSoule, J.
The plaintiff’s declaration shows that all the pro ceedings after the recognizance was taken, and the notice oi Hovey’s intention to take the oath was given, were had with the knowledge and consent of the plaintiff, down to and including the adjournment of the proceedings to the day when the oath was administered. If a strict compliance with the statute required, as the plaintiff contends, that Hovey should at once plead to the charges of fraud filed, his failure to do so cannot be availed of by the plaintiff, because he alleges that the several continuances were made before Hovey pleaded,…
2Cited by1 opinion
- Longley v. CleavlandMassachusetts Supreme Judicial Court · 1882