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98 Mass. 31

Commonwealth v. Cutter

Massachusetts Supreme Judicial Court

Decided November 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-11-15

Contract, brought under the Gen. Sts. c. 124, § 46, on an alleged recognizance, taken under § 10, and annexed by copy to the declaration, as follows : “ Commonwealth of Massachusetts.

Cited by 1 later decisions — most recently April 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-11-15

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Chapman, J.

¶11. The declaration sets forth all the facts which are necessary to give the magistrate jurisdiction, and it is not necessary to add to them an averment that he had jurisdiction.

¶22. The paper declared on is in form a recognizance. It states the sum in which the recognizors bound themselves, and the condition of the obligation; and this is prefaced by a statement of the facts which authorized the magistrate to take the recognizance. It conforms to the provisions of the statute (Gen. Sts. c. 124, § 10,) and indicates sufficiently what examination is to be had, and before what magistrate it is to take place. The defendants’ counsel does not ooLit out any material variance from the words of the statute.

¶3Judgment for the plaintiff.

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