Legal Opinion

Daley v. Carney

Massachusetts Supreme Judicial Court

Decided March 5, 1875PublishedCited by 3 opinions

Contract against one of the sureties on a bond to dissolve an attachment made on mesne process in an action against one Shea.

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Contract against one of the sureties on a bond to dissolve an attachment made on mesne process in an action against one Shea. At the trial in the Superior Court, before Lord, J., without a jury, it appeared in evidence that the bond declared on having been executed by the defendant, the plaintiff waived notice on application for the approval of the same by the magistrate ; that thereupon Shea and the defendant went before the magistrate, and, upon examination of the defendant as surety, the magistrate refused to approve him; that Shea and the defendant then left the magistrate, and Shea soon…

1Opinion of the CourtColt, J.

A bond to dissolve an attachment may be approved by the plaintiff or his attorney, or by a master in chancery upon notice and examination. Gen. Sts. a. 128, §§ 104, 105. In this case the principal obligor, having failed to secure the magistrate’s approval of a bond signed by the defendant as a surety, applied to the plaintiff and obtained his written approval upon the bond. There is nothing that requires the plaintiff to exercise his right of approval before the magistrate is called upon. The two methods are independent of each other, and the power of the plaintiff to approve is unlimited. It…

2Cases cited2 opinions

  1. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  2. Sampson v. BarnardMassachusetts Supreme Judicial Court · 1867

3Cited by3 opinions

  1. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
  2. Stoddard v. HamMassachusetts Supreme Judicial Court · 1880
  3. Waverley Lumber Co. v. PiantedosiMassachusetts Supreme Judicial Court · 1928

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