Commonwealth v. Green
Massachusetts Supreme Judicial Court
This was an action of debt, brought upon a recognizance acknowledged by the defendant before a justice of the peace, conditioned for his appearance in the Municipal Court for the town of Boston, as a witness for the Commonwealth. The declaration alleges the return of the recognizance, the default of the defendant, and that the recognizance was duly removed and filed of record in the Court of Common Pleas, before the commencement of the action.
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This was an action of debt, brought upon a recognizance acknowledged by the defendant before a justice of the peace, conditioned for his appearance in the Municipal Court for the town of Boston, as a witness for the Commonwealth. The declaration alleges the return of the recognizance, the default of the defendant, and that the recognizance was duly removed and filed of record in the Court of Common Pleas, before the commencement of the action. The defendant pleaded in abatement, to which the Commonwealth demurred generally, and the defendant joined in demurrer. The only question in the' cause…
1Opinion of the CourtJackson, J.
The plea in abatement has not been exhibited to the Court; and the only objection suggested by the counsel for the defendant arises from the form of the action. We have, therefore, considered the -ose as if a general demurrer had been filed by the defendant
The question is, whether debt lies on such a recognizance; the defendant contending that the only remedy of the Commonwealth is by scire facias.
Before the statute of Westm. 2, if the party who had recovered judgment in a personal action, or the conusee in a recognizance, had failed to sue out execution thereon within the year, he had no…
2Cases cited1 opinion
- Pierce v. ReadSuperior Court of New Hampshire · 1821
3Cited by20 opinions
- People v. KaneNew York Supreme Court · 1847
- Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- State v. GorleySupreme Court of Iowa · 1855
- Skolnik v. United StatesCourt of Appeals for the Seventh Circuit · 1924
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