Sewall v. Sullivan
Massachusetts Supreme Judicial Court
Scere FACIAS against the surety in a recognizance entered into December 24,1868, under the Gen. Sts. e. 124, §§ 10,11, before the justice of the police court of Salem, by a judgment debtor arrested on execution, that he would deliver himself up for examination on his application to take the oath for the relief of poor debtors.
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Scere FACIAS against the surety in a recognizance entered into December 24,1868, under the Gen. Sts. e. 124, §§ 10,11, before the justice of the police court of Salem, by a judgment debtor arrested on execution, that he would deliver himself up for examination on his application to take the oath for the relief of poor debtors. At the trial in the superior court, before Putnam, J., the judge ruled inadmissible paroi evidence offered by the defendant to contradict the justice’s record of the recognizance, and to show that it was false and fraudulent; directed a verdict for the plaintiff on…
1Opinion of the CourtGray, J.
A recognizance taken by a magistrate, under the Gen. Sts. c. 124, §§ 10, 11, of a poor debtor arrested on mesne process or execution, is not required to be returned to any court. Thacher v. Williams, 14 Gray, 324. Before the record has been extended, the minutes of the magistrate, like the clerk’s docket of the proceedings in an action at law, are competent evidence of the taking of the recognizance. Townsend v. Way, 5 Allen, 426. Any mistake in the record might be amended by the magistrate who took it, as in the case of a recognizance taken before a commissioner and returned into court. Dike…
2Cases cited1 opinion
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Campbell & Zell Co. v. Barr Pumping Engine Co.Massachusetts Supreme Judicial Court · 1902
- May v. HammondMassachusetts Supreme Judicial Court · 1888
- Tufts v. HancoxMassachusetts Supreme Judicial Court · 1898
- Hearn v. CanningSupreme Court of Rhode Island · 1905