Chellis v. Leavitt
Massachusetts Supreme Judicial Court
Contract against Freeman Leavitt and George W. Stacy, on a recognizance, entered into under the Gen. Sts. c. 124, § 10, on January 14, 1876, by the first named defendant as principal and the other as surety; and conditioned that Leavitt, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof…
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Contract against Freeman Leavitt and George W. Stacy, on a recognizance, entered into under the Gen. Sts. c. 124, § 10, on January 14, 1876, by the first named defendant as principal and the other as surety; and conditioned that Leavitt, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his 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 fixed for his examination, and abide the final order of the…
1Opinion of the Court
By the Court.
The answer substantially set up, and there was evidence tending to prove, a waiver by the plaintiff, which was a sufficient defence to the action. Andrews v. Knowlton, 121 Mass. 316. Exceptions overruled.
2Cases cited1 opinion
- Andrews v. KnowltonMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- National Surety Co. v. ReedMassachusetts Supreme Judicial Court · 1928
- Jordan Marsh Co. v. CollinsMassachusetts Supreme Judicial Court · 1926