Commonwealth v. Dexter

Massachusetts Supreme Judicial Court

Commonwealth v. Dexter

77 Mass. 205

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 205 (Commonwealth v. Dexter) 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. Dexter, 77 Mass. 205 (Mass. 1858).

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Opinion

Shaw, C. J.

The St. of 1852, c. 322, § 12, which governs this case, requires that “ whenever a default shall be had upon any recognizance required under this act, scire facias shall be issued returnable at the next term.” It was held in Commonwealth v. Thompson, 2 Gray, 82, that the special remedy prescribed by the act must be followed in all suits on recognizances under the act, and that an action of contract on such a recognizance, returnable at a subsequent term, could not therefore be maintained. For the same reason scire facias must be brought at the first term after the default. Commonwealth v. Brown, 7 Gray, 319. The provision of the St. of 1855, c. 215, § 36, altering this law, is limited to suits on recognizances under that act, and does not affect this case.

Judgment for the defendant.

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Shaw, C. J.

The St. of 1852, c. 322, § 12, which governs this case, requires that “ whenever a default shall be had upon any recognizance required under this act, scire facias shall be issued returnable at the next term.” It was held in Commonwealth v. Thompson, 2 Gray, 82, that the special remedy prescribed by the act must be followed in all suits on recognizances under the act, and that an action of contract on such a recognizance, returnable at a subsequent term, could not therefore be maintained. For the same reason scire facias must be brought at the first term after the default. Commonwealth v. Brown, 7 Gray, 319. The provision of the St. of 1855, c. 215, § 36, altering this law, is limited to suits on recognizances under that act, and does not affect this case.

Judgment for the defendant.

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Bluebook (online)

77 Mass. 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dexter-mass-1858.