Way v. Lewis

115 Mass. 26 | Mass. | 1874

Gray, C. J.

No fraud or collusion being shown, the judgment rendered against the principal was conclusive evidence of inc debt thereby ascertained, both against him and against his surety on the recognizance subsequently taken upon his arrest on execution. Heard v. Lodge, 20 Pick. 53, 58. Tracy v. Goodwin, 5 Allen, 409. Tracy v. Maloney, 105 Mass. 90.

Exceptions overruled.