Emerson v. Towle
Emerson v. Towle
Opinion of the Court
delivered the opinion of the Court at the ensuing term in Cumberland.
In the case of Prescott v. Pettee 3. Pick. 331, cited in the argument, the question presented in the case before us was discussed; and Parker C. J. by whom the opinion of the court was delivered, went into an elaborate consideration of the laws of the colony, province and commonwealth, of Massachusetts, upon the subject; with a view to arrive at the meaning of the legislature, in regard to tire return of the execution into the clerk’s office. The reporter deduces, as the result of this opinion, that if it be returned, before it is offered in evidence although after the return day, it is sufficient-And this deduction seems to be warranted by the reasoning of the
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