Stearns v. Hemenway
Massachusetts Supreme Judicial Court
Two ACTIONS OE CONTRACT on poor debtors’ recognizances. The first one was entered into on March 2, 1893, by Porter A. Underwood as principal, and the defendants as sureties. The second one was entered into on the same day by Hosea W. Leach as principal, and the defendants as sureties. The pleadings and all the subsequent proceedings are alike in the two cases, the same questions are presented in both,' and they were argued together.
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Two ACTIONS OE CONTRACT on poor debtors’ recognizances. The first one was entered into on March 2, 1893, by Porter A. Underwood as principal, and the defendants as sureties. The second one was entered into on the same day by Hosea W. Leach as principal, and the defendants as sureties. The pleadings and all the subsequent proceedings are alike in the two cases, the same questions are presented in both,' and they were argued together. The declaration in the first case alleged, in substance, the recovery of a judgment by the plaintiff in the Superior Court against Hosea W. Leach and Porter A.…
1Opinion of the CourtMorton, J.
In these two cases the defendants demurred to the declarations. After a full hearing in the Superior Court, the demurrers were overruled, and judgment ordered in each case for the plaintiff for the amount of the recognizance. Thereupon the defendants appealed to this court. The same questions are presented in the two cases, and they were argued together.
*201. The defendants object, in the first place, that the declaration does not show that any citation was served upon the principal defendants, either before or after the making of the affidavits, and that the certificates authorizing the arrests…
2Cases cited4 opinions
- Tracy v. MaloneyMassachusetts Supreme Judicial Court · 1870
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
- Pierce v. PhillipsMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- McNamara v. DoreyMassachusetts Supreme Judicial Court · 1914
- McMahon v. PerkinsSupreme Court of Rhode Island · 1900
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922