¶1It is conceded by the plaintiff that there exists no legal claim in his behalf under the first recognizance. As to that alleged to arise under the second recognizance, the court are of opinion there exists no better right to recover damages. This recognizance was fully discharged by the appearance of the debtor, and his taking the oath under the statute, on the 16th of June 1857. It is no sufficient objection to this discharge, that the certificate was, by a clerical error, dated the 17th of June; it being proved by the master in chancery who administered the oath and made the certificate that the acts were in fact done on the 16th. Exceptions overruled.
81 Mass. 73
Sever v. Bickford
Massachusetts Supreme Judicial Court
Decided January 15, 1860
Massachusetts Supreme Judicial Court · decided 1860-01-15
Action of contract upon two recognizances, entered into by Bickford, a poor debtor arrested on execution, as principal, and by the other defendant as surety, before a master in chancery; one on the 5th of June 1857, for the debtor’s appearance for examination before the master on the 9th of June at two o’clock in the afternoon; and the other on the 16th of June, for his appearance on that day at the same hour.
Decided 1860-01-15