Damon v. Carrol
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into by Edward C. Mitchell, Jr., as principal, and Edward Carrol-as surety. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiffs in the amount of the recognizance, and interest from the date of the writ; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The bill of exceptions purports to state all the evidence. It consisted of original documents, a duly verified copy of the record of the Municipal Court of the Dorchester District, of oral testimony that the debtor, his attorney, and the creditor’s attorney left the court-room fifteen or twenty minutes after the order authorizing the commitment of the debtor, and of the testimony of the clerk of the court that no mittimus was made out by him. This testimony of the clerk was the only *405evidence objected to. No exception was saved to its admission ; but the court, after refusing to rule that upon…
2Cases cited9 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Fuller v. MeehanMassachusetts Supreme Judicial Court · 1875
- Vinal v. TuttleMassachusetts Supreme Judicial Court · 1887
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3Cited by66 opinions
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- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
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