Goodall v. Myrick

Decided March 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-03-15

Contract against Orrin D. Myrick and Thomas A. Johnston, on a recognizance under the Gen. Sts. e. 124, § 10, entered into by Myrick, as principal, and Johnston, as surety, conditioned that Myrick, who had been arrested upon an execution issued on a judgment in favor of the plaintiff, would, within thirty days, “ deliver himself up for examination,” “ and appear at the time and place fixed for his examination, and from time to time until the same is concluded, and not depart…

Good law ✅— No negative treatment on recordhow we know

Decided 1873-03-15

How this case has been cited

Cited by 3 later decisions — most recently February 1920

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ames, J.

¶1There 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.

¶2Exceptions overruled.