Morrill v. Norton
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 17, by Michael Collins as principal, and the defendant as surety, and conditioned that Collins, who had been arrested on an execution in favor of the plaintiff, should appear on December 7, 1872, at 10 A. M., at the office of the magistrate taking the recognizance in Spencer, being the time and place fixed by the magistrate at the debtor’s request, for his examination as poor debtor, and from time to time…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 17, by Michael Collins as principal, and the defendant as surety, and conditioned that Collins, who had been arrested on an execution in favor of the plaintiff, should appear on December 7, 1872, at 10 A. M., at the office of the magistrate taking the recognizance in Spencer, being the time and place fixed by the magistrate at the debtor’s request, for his examination as poor debtor, and from time to time until the examination was concluded, and not depart without leave of the magistrate, making no default at any time fixed…
1Opinion of the CourtDevens, J.
It was entirely competent for the District Court wherein this cause was pending to permit an amendment of the certificate of the recognizance, as originally returned by the magistrate to that court, to be made by filing a new and corrected memorandum thereof, and also to permit the declaration in the action to be amended to correspond with the recognizance as thus corrected. Cook v. Berth, 108 Mass. 73. Commonwealth v. Cheney, Ib. 33.
The recognizance sued on was for the appearance of the principal debtor upon a day and at a place named, and from time to time until his examination was…
2Cases cited1 opinion
- Cook v. BerthMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
- Hooper v. CoxMassachusetts Supreme Judicial Court · 1875
- Vinal v. TuttleMassachusetts Supreme Judicial Court · 1887
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