Hooper v. Cox
Massachusetts Supreme Judicial Court
Contract upon a recognizance, the condition of which provided that the judgment debtor, who had been arrested on an execution in favor of the plaintiff, should within thirty days deliver himself up for examination, giving notice of the time and place thereof as provided by law, and duly appear, making no default, and abide the final order of the magistrate thereon.
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Contract upon a recognizance, the condition of which provided that the judgment debtor, who had been arrested on an execution in favor of the plaintiff, should within thirty days deliver himself up for examination, giving notice of the time and place thereof as provided by law, and duly appear, making no default, and abide the final order of the magistrate thereon. At the trial in the Superior Court before Brigham, C. J., the jury found for the plaintiff, and the defendants alleged exceptions. The facts of the case appear in the opinion.
1Opinion of the CourtMorton, J.
This is an action on a poor debtor’s recognizance entered into by the defendant Cox as principal, and the other defendant as surety. In March, 1872, the plaintiff brought an action against Cox and attached his personal property; Cox gave a bond in the usual form to dissolve this attachment, with one Jess as surety. The plaintiff recovered judgment against Cox for iifteen dollars and twenty-five cents damages, and thirteen dollars and sixteen cents costs. This judgment being unpaid, the plaintiff brought a suit on the bond against Cox and Jess, and obtained judgment for twenty-eight dollars…
2Cases cited2 opinions
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
- Davis's CaseMassachusetts Supreme Judicial Court · 1873
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- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
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