115 Mass. 26
Massachusetts Supreme Judicial Court
Decided March 9, 1874
Massachusetts Supreme Judicial Court · decided 1874-03-09
Contract on a recognizance, in which the defendant Lewis was principal, and the defendant Judson Murdock was surety. • At the trial in the Superior Court, jury waived, before Putnam, J., it appeared that the plaintiff commenced an action on a promissory note against the defendant Lewis, returnable at January term of the Superior Court, 1872; that the defendant appeared and filed an answer, but was afterwards defaulted, and judgment was entered for the plaintiff in June…
Relies on Tracy v. Maloney
Good law ✅— No negative treatment on recordhow we know
Decided 1874-03-09
Cited by 9 later decisions — most recently March 1944
1 federal appellate · 7 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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¶1No fraud or collusion being shown, the judgment rendered against the principal was conclusive evidence of inc debt thereby ascertained, both against him and against his surety on the recognizance subsequently taken upon his arrest on execution. Heard v. Lodge, 20 Pick. 53, 58. Tracy v. Goodwin, 5 Allen, 409. Tracy v. Maloney, 105 Mass. 90.
¶2Exceptions overruled.