Tufts v. Hancox
Massachusetts Supreme Judicial Court
Contract, on a recognizance under Pub. Sts. c. 162, § 28, entered into after arrest on execution. At the trial in the Superior Court, before Richardson, J., it appeared that the breach alleged was a default of the debtor on November 21, 1896, a time fixed for his examination by the Police Court of Lynn. So much of the certified copy of the record of the proceedings in said court as is material is as follows: “ September 5, 1896, 9 A. m.
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Contract, on a recognizance under Pub. Sts. c. 162, § 28, entered into after arrest on execution. At the trial in the Superior Court, before Richardson, J., it appeared that the breach alleged was a default of the debtor on November 21, 1896, a time fixed for his examination by the Police Court of Lynn. So much of the certified copy of the record of the proceedings in said court as is material is as follows: “ September 5, 1896, 9 A. m. Debtor present at. 10 A. M. By order of court, certificate not to issue. September 5, 1896. Agreement in writing to continue to November 21, 1896, and so…
1Opinion of the CourtField, C. J.
It was not competent by oral evidence to control the record of the Police Court. Sewall v. Sullivan, 108 Mass. 355. May v. Sammond, 146 Mass. 439. Watts v. Stevenson, 169 Mass. 61.
Evidence that the debtor was discharged on September 5, 1896, tends, we think, to contradict the record that on that day the case was continued to November 21,1896, at which time the defendant was defaulted. The words in the record, “ By order of court, certificate not to issue,” are meaningless unless they *150mean that the certificate prescribed by Pub. Sts. c. 162, § 40, was not to issue on September 5, 1896, and…
2Cases cited3 opinions
- May v. HammondMassachusetts Supreme Judicial Court · 1888
- Watts v. StevensonMassachusetts Supreme Judicial Court · 1897
- Sewall v. SullivanMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Thompson v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1932
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Carey v. Hawaiian Lumber Mills, Ltd.Hawaii Supreme Court · 1912
- Niles v. SilvermanMassachusetts Supreme Judicial Court · 1913
- Barrett Manufacturing Co. v. SheaMassachusetts Supreme Judicial Court · 1916
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