Goodall v. Myrick

Massachusetts Supreme Judicial Court

Goodall v. Myrick

111 Mass. 484

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1873

StatusPublished

Cited by3 cases

This text of 111 Mass. 484 (Goodall v. Myrick) 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

Goodall v. Myrick, 111 Mass. 484 (Mass. 1873).

Pincite

Opinion

Ames, J.

There has been no breach of the condition of this recognizance. The examination had been completed, and the debtor was present at the final decision. He was then liable to be taken upon the execution, but no officer was present to serve it. He was not bound to wait till the officer could be sent for, or to take any pains to promote or procure his own arrest. His presence there, at that stage of the proceedings, was all that was required of him by the terms of the recognizance. Russell v. Goodrich, 8 Allen, 150. There being no execution before the magistrate, upon which he could indorse a certificate of his decision, the debtor was not bound to wait till the execution should be produced .for that purpose. When the final decision was announced, he was at liberty at once to depart from the magistrate’s presence. Lothrop v. Bailey, 14 Allen, 514.

Exceptions overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Ames, J.

There has been no breach of the condition of this recognizance. The examination had been completed, and the debtor was present at the final decision. He was then liable to be taken upon the execution, but no officer was present to serve it. He was not bound to wait till the officer could be sent for, or to take any pains to promote or procure his own arrest. His presence there, at that stage of the proceedings, was all that was required of him by the terms of the recognizance. Russell v. Goodrich, 8 Allen, 150. There being no execution before the magistrate, upon which he could indorse a certificate of his decision, the debtor was not bound to wait till the execution should be produced .for that purpose. When the final decision was announced, he was at liberty at once to depart from the magistrate’s presence. Lothrop v. Bailey, 14 Allen, 514.

Exceptions overruled.

Cite This Page — Counsel Stack

Bluebook (online)

111 Mass. 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodall-v-myrick-mass-1873.

Opinion

Related

Cite This Page — Counsel Stack