¶1The language of Gen. Sts. c. 97, § 5, is, that an action against an administrator is barred unless it is commenced within two years “ from the time of his giving bond.” This peculiar phraseology has been construed in Bigelow v. Willson, 1 Pick. 485, 494, and Judge Wilde there says that “ the words, ‘ time of executing the deed,’ used in the statute, mean, in legal acceptation, the day of delivery, which is the same as ‘ the date,’ or ‘ the day of the date.’ ” We find nothing to conflict with this decision as to this particular phraseology, and think it applies to this case, the same phraseology being used in the statute. Case to be sent to an auditor.
112 Mass. 27
Paul v. Stone
Massachusetts Supreme Judicial Court
Decided March 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-03-15
Contract against the defendant as administratrix of the estate of Charles Stone, late of Newton, in the county of Middle-sex, deceased. Writ dated January 19, 1871. The answer, among other defences, set up that the action was not commenced within two years from the time of her giving bond as administratrix.
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 July 1946
1 federal appellate · 2 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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