Arnold v. Allen
Massachusetts Supreme Judicial Court
Debt on bond. Upon oyer it appeared that the bond was made to the plaintiff, as a deputy sheriff of the county of Norfolk, with the following condition, viz.: “ The condition of the above obligation is such, that if the above bounden J. A. and J. A., Jun., do appear at the next county court to be holden at Dedham, within and for the county of Norfolk, aforesaid, on the last Tuesday of September next, and then and there prosecute his action with effect against the said…
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Debt on bond. Upon oyer it appeared that the bond was made to the plaintiff, as a deputy sheriff of the county of Norfolk, with the following condition, viz.: “ The condition of the above obligation is such, that if the above bounden J. A. and J. A., Jun., do appear at the next county court to be holden at Dedham, within and for the county of Norfolk, aforesaid, on the last Tuesday of September next, and then and there prosecute his action with effect against the said Arnold, for taking and detaining in his custody” [certain oxen and other chattels described,] “ and do make a return thereof,…
1Per curiam
The first objection relied on by the defendant arises on the face of the bond, which was conditioned for Joseph Allen’s appearance at the next county court. It is said there was no court known by that name, and the defendant has argued from this, that the bond was void. — We are all satisfied that this objection cannot prevail. It would be yielding too much to technical nicety. The words county court must intend the Court of Common Pleas; and if this was such a variance from the statute, that the bond could not be held valid under it, it would still be good at common law.
* Are, then, the…
2Cited by6 opinions
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