Millett v. Lemon
Massachusetts Supreme Judicial Court
Contract against a surety upon a recognizance for the principal’s appearance to take the oath for the relief of poor debtors.
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Contract against a surety upon a recognizance for the principal’s appearance to take the oath for the relief of poor debtors. The breach of the recognizance was alleged as follows: " And the plaintiff says that upon the 24th day of July, A. D. 1869, he was duly served with a notice from the said Francis A. Kehew, of his desire to take the oath for the relief of poor debtors, at the office of the said Joseph G. Waters, Esq., and the plaintiff with his counsel appeared there at the time appointed, and remained there for the space of one hour; but the said Francis A. Kehew did aot appear, but…
1Opinion of the CourtDevens, J.
This action is brought against the defendant as surety on a recognizance for the appearance of one Kehew (who had been arrested upon an execution in favor of the plaintiff) before some magistrate duly qualified, within thirty days from the time of his arrest, for the purpose of examination and of 'taking the oath for the relief of poor debtors, as provided under the General Statutes.
On the 24th day of July, the next day after the date of the recognizance, a notice was issued by the magistrate, at the request of the debtor, for the taking of the oath before him at noon on the same day. This…
2Cases cited2 opinions
- Safford v. ClarkMassachusetts Supreme Judicial Court · 1870
- Sweeney v. GilloolyMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Browne v. HaleMassachusetts Supreme Judicial Court · 1879
- McInerny v. SamuelsMassachusetts Supreme Judicial Court · 1878
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926
- Buckley v. MitchellMassachusetts Supreme Judicial Court · 1896
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