Salmon v. Nation
Massachusetts Supreme Judicial Court
Contract by Thomas Salmon and Patrick McDonald against Thomas H. Nation and James Huggins, on a recognizance entered into by the defendants, conditioned that Nation, who had been arrested on August 6, 1870, upon an execution issued on a judg ment in favor of the plaintiffs, should, within thirty days from the time of the arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by…
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Contract by Thomas Salmon and Patrick McDonald against Thomas H. Nation and James Huggins, on a recognizance entered into by the defendants, conditioned that Nation, who had been arrested on August 6, 1870, upon an execution issued on a judg ment in favor of the plaintiffs, should, within thirty days from the time of the arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place and abide the final order thereon. The following notice, addressed to the…
1Opinion of the CourtMorton, J.
The plaintiffs contend that the service of the notice was not sufficient. The notice was served upon the attorney of the plaintiffs, he and the plaintiffs severally having their residence and places of business in the county of Middlesex. We think this service was sufficient under the Gen. Sts. c. 124, § 13.*
*218This statute provides, in general terms, that the notice shall be served upon the creditor, his agent or attorney. Under this general provision, the service may be made upon either the creditor or his attorney, in cases where both reside or have places of business in the same county where…
2Cases cited2 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Pierce v. PhillipsMassachusetts Supreme Judicial Court · 1869
3Cited by2 opinions
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
- Calnan v. ToomeyMassachusetts Supreme Judicial Court · 1880