Commonwealth v. Daggett
Massachusetts Supreme Judicial Court
Scire facias upon a recognizance, entered into before a justice of the peace for Duke’s'county, the only condition whereof was, that the defendant should personally appear before this Court, September term, 1818, then and there to answer to such matters and tilings as should be objected against him on behalf of the commonwealth, and should do and receive that which, by the said Court, should be then and there enjoined upon him, and not depart without license.
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Scire facias upon a recognizance, entered into before a justice of the peace for Duke’s'county, the only condition whereof was, that the defendant should personally appear before this Court, September term, 1818, then and there to answer to such matters and tilings as should be objected against him on behalf of the commonwealth, and should do and receive that which, by the said Court, should be then and there enjoined upon him, and not depart without license. The breach alleged is that the defendant did not appear, pursuant to the said condition. The defendant demurred to the writ, and the…
1Per curiam
It is essential to a recognizance of this kind,, that it shows the cause of taking it. In this case, there is no reference to any previous proceedings before the magistrate, nor is any reason given why the defendant should be held to appear. The writ is adjudged bad, and the commonwealth takes nothing by it.
2Cited by11 opinions
- Nicholson v. StateSupreme Court of Georgia · 1847
- United States v. EldredgeUtah Supreme Court · 1887
- State v. WilliamsSupreme Court of Arkansas · 1856
- State v. KinneSupreme Court of New Hampshire · 1859
- Adams v. PeopleAppellate Court of Illinois · 1883
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