Commonwealth v. Brown

Massachusetts Supreme Judicial Court

Commonwealth v. Brown

73 Mass. 319

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1856

StatusPublished

This text of 73 Mass. 319 (Commonwealth v. Brown) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Brown, 73 Mass. 319 (Mass. 1856).

Pincite

Opinion

Thomas, J.

This is scire facias upon a recognizance taken under the St. of 1852, c. 322. By the 12th section of that statute it is provided, that whenever a default shall be had of any recognizance arising under this act, scire facias shall be issued, returnable at the next term, and the same shall not be continued unless for good cause satisfactory to the court. Not having been, brought at the next term after default, it could not be afterwards brought, and the motion to dismiss should have been allowed. See Commonwealth v. Thompson, 2 Gray, 82.

Exceptions sustained.

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Thomas, J.

This is scire facias upon a recognizance taken under the St. of 1852, c. 322. By the 12th section of that statute it is provided, that whenever a default shall be had of any recognizance arising under this act, scire facias shall be issued, returnable at the next term, and the same shall not be continued unless for good cause satisfactory to the court. Not having been, brought at the next term after default, it could not be afterwards brought, and the motion to dismiss should have been allowed. See Commonwealth v. Thompson, 2 Gray, 82.

Exceptions sustained.

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Bluebook (online)

73 Mass. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-brown-mass-1856.