Commonwealth v. Cheney
Massachusetts Supreme Judicial Court
Contbact. Writ dated July 11, 1866. The declaration alleged that the defendants entered into a recognizance to the Commonwealth, a copy of which was annexed to and made part of the declaration; that the defendant Samuel Cheney, named therein, made default, and a record thereof was duly certified to the superior court; and that the defendants had become severally indebted to the Commonwealth in the amount of the recognizance.
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Contbact. Writ dated July 11, 1866. The declaration alleged that the defendants entered into a recognizance to the Commonwealth, a copy of which was annexed to and made part of the declaration; that the defendant Samuel Cheney, named therein, made default, and a record thereof was duly certified to the superior court; and that the defendants had become severally indebted to the Commonwealth in the amount of the recognizance. The copy annexed purported to be a copy of a memorandum of an oral recognizance entered into by the defendant Samuel Cheney as principal and the other defendants as…
1Opinion of the CourtWells, J.
As amended, the declaration is sufficient ; and is sustained by the amended record and recognizance. The amendment of the declaration was authorized by the Gen. Sts. c. 129, | 41. Its allowance was a matter of discretion with the superior iourt, and not open to exception.
The proceedings before the magistrate, returned by him to the superior court, were treated by that court as of record therein. The absence of any minute of filing did not prevent them from being so considered. Commonwealth v. Merriam, 7 Allen, 356.
*37The amendment of the record and of the recognizance so returned, by filing a…
2Cases cited2 opinions
- Close v. GillespeyNew York Supreme Court · 1808
- McCormick v. CarrollMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Walker v. CommonwealthSupreme Court of Virginia · 1926
- Commonwealth v. McIvorMassachusetts Supreme Judicial Court · 1875