¶1This bond, having been delivered to and accepted by the plaintiffs, (as appears by their suing upon it,) is not invalidated by the omission of the stipulation required by the St. of 1875, e. 68, § 2, but is good at common law. Mosher v. Murphy, 121 Mass. 276. The failure of the principal defendant to file the bond with the clerk of the court, in accordance with the St. of 1870, c. 291, § 5, cannot affect the plaintiffs right of action thereon. Glezen v. Rood, 2 Met. 490. Jones v. Bunn, 2 Met. (Ky.) 490. Judgment for the plaintiffs.
122 Mass. 6
Smith v. Meegan
Massachusetts Supreme Judicial Court
Decided January 29, 1877
Massachusetts Supreme Judicial Court · decided 1877-01-29
Contract on a bond to dissolve an attachment, signed by Barney Connor as principal, and by the defendants as sureties.
Relies on Mosher v. Murphy
Good law ✅— No negative treatment on recordhow we know
Decided 1877-01-29
How this case has been cited
Cited by 4 later decisions — most recently February 1969
4 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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