Carroll v. Rogers

Decided January 15, 1862

Massachusetts Supreme Judicial Court · decided 1862-01-15

Contract on a recognizance dated January 21, 1861, taken before a magistrate of Middlesex county, under Gen. Sts. c. 124, § 10, with condition that the defendant Rogers, who had been arrested on an execution in favor of the plaintiff, should within 1 hirty days from the time of his arrest deliver himself up for examination, giving notice as therein provided, and making no default, and abide the final order of the magistrate thereon.

Decided 1862-01-15

Dewey, J.

¶1It is no valid objection to the notice given in the present case, that it was served in a county other than that in which the arrest was made. The attorney of the creditor was the proper person to serve the notice upon. Gen. Sts. c. 124, § 13. The place of residence of the attorney was in Middlesex, but his place of business was in Boston; and a personal service upon him might properly be made in Boston. The time which is allowed for travel in such cases is to be computed from the place where the personal service was made.

¶2The notice was therefore duly given, and the surrender on the twentieth day of February was in due time. See Thacher v. Williams, 14 Gray, 324; Plummer v. Odiorne, 8 Gray, 246.

¶3Judgment for the defendants.