5 Mass. 191 | Mass. | 1809
Upon this, the Court observed that the defendant’s motion to discharge the rule must prevail; for, if proceedings on this bond were analogous to the cases mentioned, Nichols and the obligor could not refer the action, before it was determined at law that the penalty was forfeited; because judgment for the penalty must be entered for the commonwealth for the benefit of any other persons who might be injured; but afterwards, Nichols * and [ * 193 ] the obligors might refer the damages he had sustained
Afterwards the defendant’s counsel moved that all further proceedings stay.
And it appearing by the statute
Thomas vs. Leach & al. 2 Mass. Rep. 152. — Paine vs. Ball & al. 3 Mass. Rep. 235
1799, c. 69.