Legal Opinion

Way v. Lewis

Massachusetts Supreme Judicial Court

Decided March 9, 1874PublishedCited by 10 opinions

Contract on a recognizance, in which the defendant Lewis was principal, and the defendant Judson Murdock was surety. • At the trial in the Superior Court, jury waived, before Putnam, J., it appeared that the plaintiff commenced an action on a promissory note against the defendant Lewis, returnable at January term of the Superior Court, 1872; that the defendant appeared and filed an answer, but was afterwards defaulted, and judgment was entered for the plaintiff in June…

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Contract on a recognizance, in which the defendant Lewis was principal, and the defendant Judson Murdock was surety. • At the trial in the Superior Court, jury waived, before Putnam, J., it appeared that the plaintiff commenced an action on a promissory note against the defendant Lewis, returnable at January term of the Superior Court, 1872; that the defendant appeared and filed an answer, but was afterwards defaulted, and judgment was entered for the plaintiff in June following, on which an execution was issued; that the plaintiff commenced another action returnable at the same term of…

1Opinion of the CourtGray, C. J.

No fraud or collusion being shown, the judgment rendered against the principal was conclusive evidence of inc debt thereby ascertained, both against him and against his surety on the recognizance subsequently taken upon his arrest on execution. Heard v. Lodge, 20 Pick. 53, 58. Tracy v. Goodwin, 5 Allen, 409. Tracy v. Maloney, 105 Mass. 90.

Exceptions overruled.

2Cases cited1 opinion

  1. Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870

3Cited by10 opinions

  1. Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
  2. White v. WeatherbeeMassachusetts Supreme Judicial Court · 1879
  3. Counelis v. CounelisMassachusetts Supreme Judicial Court · 1944
  4. Krall v. LibbeyWisconsin Supreme Court · 1881
  5. McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1897

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