Gage v. Gannet
Massachusetts Supreme Judicial Court
This was an action of debt, brought by the plaintiff, as treasurer of the county of Kennebeck, upon a bond given to his predecessor in that office, by the defendant Gannet, as principal, and the other defendants as his sureties, conditioned that the said Gannet, as clerk of the Court of General Sessions of the.Peace, should account for on oath, and pay to the county treasurer, from time to time, the sums paid by innholders for their licenses, pursuant to the statute of 1795,…
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This was an action of debt, brought by the plaintiff, as treasurer of the county of Kennebeck, upon a bond given to his predecessor in that office, by the defendant Gannet, as principal, and the other defendants as his sureties, conditioned that the said Gannet, as clerk of the Court of General Sessions of the.Peace, should account for on oath, and pay to the county treasurer, from time to time, the sums paid by innholders for their licenses, pursuant to the statute of 1795, c. 80, <§, 2.
1Opinion of the Court
By the Court.
It does not appear, on the face of the record before us, that the county is directly interested. But the defendants have waived this exception, by appearing and pleading to the action in the court below. It is true that in Prince’s case there was also an appearance for the defendant; but there the defect of jurisdiction was apparent on the face of the record, (a)
Motion overruled.
[Vide Pearce vs. Atwood, 13 Mass. Rep. 324. — Commonwealth vs. Ryan, 5 Mass. Rep. 90. — Brown vs. Inhab. Somerset, 11 Mass. Rep. 221. — Boston vs. Tileston 11 Mass. Rep. 468. — Commonwealth vs. Worcester,…
2Cases cited4 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Inhabitants of Boston v. TilestonMassachusetts Supreme Judicial Court · 1814
- Brown v. Inhabitants of the County of SomersetMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
- McInerny v. SamuelsMassachusetts Supreme Judicial Court · 1878
- Hanson v. HoittSuperior Court of New Hampshire · 1843
- Upham v. BradleySupreme Judicial Court of Maine · 1840
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