100 Mass. 300 | Mass. | 1868
Leonard Kimball was arrested on mesne process in a suit brought by the plaintiff. The defendants became sureties with him in a recognizance entered into under the provisions of Gen. Sts. c. 124, § 10, conditioned that he would deliver himself up, within the time stated, for examination before some magistrate authorized to act. He did deliver himself up, within the time stated, for examination before a special justice of the Lawrence police court, by whom he was discharged. , The special justice acted in the matter at the request of the justice of the police court, who was at that time engaged in said court. And it is now claimed by the plaintiff, in this action upon the recognizance, that the principal was not discharged from arrest by a magistrate or court authorized to act in the premises.
But we are of opinion that on these facts he was legally discharged. The statutes provide that the person arrested shall be taken before some magistrate named in the Gen. Sts. c. 124, § 9. See St. 1860, c 215, § 2. It was held in Dike v. Story, 7 Allen, 349, that under said § 9 a special justice of a police court had
Judgment for the defendants.