Bamforth v. Raddin

Decided January 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-01-15

<p>ff a bond is given upon the filing of a petition for a review, under Geif. Sts. c. 146, § 38, with condition forthwith to prosecute the review to final judgment, &c., this condition is not broken by the omission to take out an order of notice of the petition, returnable at the next term of court, in compliance with the original order upon the petition, provided a new order of notice, returnable at a subsequent term, is afterwards passed, and the case is still pending in court.</p>

Cited by 1 later decisions — most recently April 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-01-15

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Foster, J.

¶1The condition of the bond declared upon has not been broken. While the petition for review is pending, and the court has allowed a second order of notice to issue upon it, the obligors have not failed to prosecute it to final judgment. To do so “ forthwith ” is a stipulation satisfied by doing so within such time as the court having jurisdiction of the petition may order. Exceptions overruled