Hastings v. Partridge
Massachusetts Supreme Judicial Court
Contract on a recognizance, entered into under the Gen. Sts. c. 124, § 10, by C. P. Taft as principal, and the defendant as surety, and conditioned that Taft, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place fixed for his…
Read the full summary
Contract on a recognizance, entered into under the Gen. Sts. c. 124, § 10, by C. P. Taft as principal, and the defendant as surety, and conditioned that Taft, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the magistrate, making no…
1Opinion of the CourtSoule, J.
For the purpose of showing a breach of the recognizance, the plaintiff proved, by evidence not objected to, that the debtor made application on April 30, 1877, to a magistrate who had jurisdiction of the matter, to take the oath for the relief of poor debtors; that the magistrate thereupon issued a notice of the application, returnable before himself at his office at one o’clock in the afternoon of the next day; that this notice was duly served on the attorneys of the plaintiff; and that the attorneys were in attendance at the time and place named, and remained for a full hour thereafter, and…
2Cases cited1 opinion
- Safford v. ClarkMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Pritz v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Eames v. RiceMassachusetts Supreme Judicial Court · 1893