Cook v. Berth
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into by John Berth as principal and the other defendants as sureties on an appeal from the judgment of a justice of the peace in favor of the plaintiff in proceedings against Berth under the Gen. Sts. c. 137, to recover possession of a house and land in Blaekstone.
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Contract on a recognizance entered into by John Berth as principal and the other defendants as sureties on an appeal from the judgment of a justice of the peace in favor of the plaintiff in proceedings against Berth under the Gen. Sts. c. 137, to recover possession of a house and land in Blaekstone. The concluding part of the instrument declared on was as follows: “ The condition of this recognizance is such that if the above named John Berth shall enter and prosecute with effect an appeal made by him from a judgment given by me, the said justice, against him at a court held before me at the…
1Opinion of the CourtWells, J.
The verdict for the whole amount of intervening rent, damages and costs, in this case, is warranted by the declaration. The declaration is supported by the proof; provided the *76amended copy of the recognizance, certified by the magistrate, was properly admitted. No question of pleading or of variance would then arise.
The defendant contends that the paper admitted as the recognizance was not properly so admitted; because
1. It was irregularly placed on file in the clerk’s office; a copy of rscord, including a recognizance duly certified by the magistrate, having previously been filed and become…
2Cases cited1 opinion
- Saxton v. NimmsMassachusetts Supreme Judicial Court · 1817
3Cited by6 opinions
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
- Martin v. CampbellMassachusetts Supreme Judicial Court · 1876
- May v. HammondMassachusetts Supreme Judicial Court · 1888
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
- Lincoln v. CookMassachusetts Supreme Judicial Court · 1878
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