Merrill v. Kaulback
Massachusetts Supreme Judicial Court
Contract, on a recognizance wherein the defendant’s obligation was that the judgment debtor, John P. Jackson, should within thirty days deliver himself up for examination before some court of record, or police, district, or municipal court, or trial justice, giving notice of the time and place thereof, and appear at the time fixed for his examination, and from time to time until the same is concluded, and not depart without leave of the court or magistrate, making no default…
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Contract, on a recognizance wherein the defendant’s obligation was that the judgment debtor, John P. Jackson, should within thirty days deliver himself up for examination before some court of record, or police, district, or municipal court, or trial justice, giving notice of the time and place thereof, and appear at the time fixed for his examination, and from time to time until the same is concluded, and not depart without leave of the court or magistrate, making no default at any time fixed for his examination, and abide the final order of the court or magistrate. The case was submitted to…
1Opinion of the CourtKnowlton, J.
The judgment debtor delivered himself up for examination before the court, in compliance with the requirements of his recognizance, and the question in dispute is whether there was a breach of the recognizance in his failure to appear before the court on Sunday and have the case continued, or in the issuing of a new notice on the next Monday, and the subsequent proceedings:
The court had power to amend its record, even after the lapse of a long time, and the record as amended imports absolute verity. Balch v. Shaw, 7 Cush. 282. Parker v. Warren, 2 Allen, 187. Lincoln v. Cook, 124 Mass. 383.
By…
2Cases cited2 opinions
- Lincoln v. CookMassachusetts Supreme Judicial Court · 1878
- Burt v. GearyMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Webb v. CohenMassachusetts Supreme Judicial Court · 1932
- Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
- Green v. Clerk of Municipal CourtMassachusetts Supreme Judicial Court · 1947