Commonwealth v. Downey

9 Mass. 520 | Mass. | 1813

By the Court.

A recognizance should recite the cause of its caption. It is also a principle well settled, that a scire facias can issue from no court but one in possession of the record upon which it issues. For both these reasons, the commonwealth can take nothing by its writ in this case, ^(a)

(a) [Bridge vs. Ford, 4 Mass. Rep. 641, 7 Mass. Rep. 209.— Commonwealth vs. Daggett, 16 Mass. Rep. 447. — Ed.]