Driscoll v. Holt
Massachusetts Supreme Judicial Court
Contract, on a bond to dissolve an attachment dated October 17,1893, executed by Anson A. Holt, as principal, and Amos T. White and Alonzo G. Trafton, as sureties. Trial in the Superior Court, without a jury, before Lilley, J., who found for the plaintiff against the sureties for the penal sum of the bond, they alone defending; and the sureties alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
This is a suit against sureties upon a bond given to dissolve an attachment,-and the only question in the case is whether the sureties were discharged by an amendment to the declaration in the original action made without giving them notice.
Under the Pub. Sts. c. 167, § 42, amendments may be made in civil suits at any time before final judgment, in any matter, either of form or substance, “ which may enable the plaintiff to sustain the action for the cause for which it was intended to be brought, or the defendant to make a legal defence.” Section 85 of the same chapter is as follows: “ The…
2Cases cited4 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Townsend National Bank v. JonesMassachusetts Supreme Judicial Court · 1890
- Freeman v. CreechMassachusetts Supreme Judicial Court · 1873
- Richards v. StorerMassachusetts Supreme Judicial Court · 1873
3Cited by26 opinions
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Cogswell v. HallMassachusetts Supreme Judicial Court · 1904
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