Gorman's Case
Massachusetts Supreme Judicial Court
Habeas corpus of a person alleged to be unlawfully restrained of his liberty by a constable of Boston. At the hearing, before Colt, J., the following facts appeared: On or about April 9,1875, F. H. McCaffrey brought an action of replevin against Michael McCarthy, and a bond, signed by McCaffrey as principal, and Merrick S. Creagh, Henry Pazolt and W. P. Gorman as sureties, was given.
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Habeas corpus of a person alleged to be unlawfully restrained of his liberty by a constable of Boston. At the hearing, before Colt, J., the following facts appeared: On or about April 9,1875, F. H. McCaffrey brought an action of replevin against Michael McCarthy, and a bond, signed by McCaffrey as principal, and Merrick S. Creagh, Henry Pazolt and W. P. Gorman as sureties, was given. The replevin suit not having been entered, McCarthy brought an action on the bond against Creagh and W. P. Gorman, the declaration alleging tne execution and delivery of the bond by the defendants, and the breach…
1Opinion of the CourtSoule, J.
The petitioner was served with notice to appear and defend the action'in the Superior Court, founded on the replevin bond. The allegation in the declaration was that the defendants executed and delivered the bond, and that there had been breach of the condition. If the petitioner had seen fit to do so, he could have appeared in that suit, denied the allegations in the declaration, and tried the issue whether he executed the bond or not, as well as the question of breach of the condition. He elected not to do so, and made default. This was an admission of the truth of the matters set up in the…
2Cases cited1 opinion
- O'Shaughnessy v. BaxterMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Joyce v. ThompsonMassachusetts Supreme Judicial Court · 1918
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1935
- Morton's CaseMassachusetts Supreme Judicial Court · 1907
- Ueland v. JohnsonSupreme Court of Minnesota · 1899
- Cutrona v. SicardMassachusetts District Court, Appellate Division · 1936
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