Mount Washington Glass Works v. Allen
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by Henry Kelley as principal, and the defendant as surety, and conditioned that Kelley, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the time of his arrest, as above mentioned, deliver himself up for examination before some magistrate, authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by Henry Kelley as principal, and the defendant as surety, and conditioned that Kelley, who had been arrested on an execution in favor of the plaintiff, should within thirty days from the time of his arrest, as above mentioned, deliver himself up for examination before some magistrate, authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place fixed for his examination, and from time to time until the same was concluded, and not depart without leave of…
1Opinion of the CourtEndicott, J.
The plaintiff contends that there was a breach of the recognizance, because the debtor did not appear before the magistrate at two o’clock on March 20, that being the time appointed by adjournment for his examination. It appears in the agreed statement that the magistrate was ill on that day, and, in consequence of his illness and before the appointed hour, the plaintiff’s counsel agreed in writing with the counsel of the debtor, that the examination should be postponed to April 3. The agreement was handed to the magistrate, and at two o’clock he continued the proceedings according to the…
2Cases cited4 opinions
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
- Pacific Mutual Insurance v. CanterburyMassachusetts Supreme Judicial Court · 1870
- Godfrey v. MunyanMassachusetts Supreme Judicial Court · 1876
- Barber v. FloydMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- National Surety Co. v. ReedMassachusetts Supreme Judicial Court · 1928
- Vinal v. TuttleMassachusetts Supreme Judicial Court · 1887
- Modern Finance Co. v. MartinMassachusetts Supreme Judicial Court · 1942
- Williams v. KimballMassachusetts Supreme Judicial Court · 1882
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