Gibbs v. Taylor
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, by Rodolphus J. Croacher as principal, and by the defendant as surety, and containing the usual conditions.
Read the full summary
Contract upon a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, by Rodolphus J. Croacher as principal, and by the defendant as surety, and containing the usual conditions. Trial in the Superior Court, before Barker, J., who allowed a bill'of exceptions, in substance as follows: The recognizance in suit was taken before Prank A. Milliken, one of the special justices of the Third District Court of Bristol, at his office, on March 20, 1885, as security for Rodolphus J. Croacher, who had been arrested upon an execution issuing out of that court on March 11, 1885, in…
1Opinion of the CourtHolmes, J.
The execution for costs was properly issued against the administrator personally. Pub. Sts. c. 166, § 8. Look v. Luce, 136 Mass. 249. And, no affidavit being required to justify an arrest upon it, Pub. Sts. c. 162, § 5, it warranted the an-est without special instructions. Webber v. Davis, 5 Allen, 393, 397. Dooley v. Cotton, 3 Gray, 496.
It was held in Dike v. Story, 7 Allen, 349, that a special justice could take a recognizance under the Gen. Sts. c. 124, §§ 9, *18910, (Pub. Sts. c. 162, §§ 27, 28,) and that he could do it at other times than the regularly appointed sessions of the court. In that…
2Cases cited3 opinions
- Commonwealth v. HawkesMassachusetts Supreme Judicial Court · 1878
- Look v. LuceMassachusetts Supreme Judicial Court · 1884
- Clement v. SargentMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- Stack v. O'BrienMassachusetts Supreme Judicial Court · 1892
- Ticonic National Bank v. TurnerSupreme Judicial Court of Maine · 1902