Granite Bank v. Treat
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. Debt on a bond, dated Feb. 15, 1838, given by Shaw, a debtor in execution, as principal, and by Treat as surety, under the acts for the relief of poor debtors. The condition of the bond was in the common form, and contained no stipulation that the debtor should file the certificate of his discharge with the prison keeper.
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Exceptions from the Middle District Court, Redington J. presiding. Debt on a bond, dated Feb. 15, 1838, given by Shaw, a debtor in execution, as principal, and by Treat as surety, under the acts for the relief of poor debtors. The condition of the bond was in the common form, and contained no stipulation that the debtor should file the certificate of his discharge with the prison keeper. The plaintiffs proved the signatures and execution of the bond, and introduced it in evidence, but offered no other proof. The only evidence offered by the defendants was a certificate of two justices of the…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
It should appear that the magistrates had jurisdiction, to make their record or certificate evidence of the facts therein stated. It is said, that there is not sufficient evidence in this case to prove it, because they are required to keep a record, which is the best and only proper evidence of their proceedings.
The statute, c. 195, § 10, provides, that the justices shall make out a certificate and deliver it to the debtor; and it makes it the evidence upon which the prison keeper is required to discharge him, and the evidence of his exemption from…
2Cases cited1 opinion
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- St. Louis & San Francisco Railway Co. v. MossmanSupreme Court of Kansas · 1883
- Buckley v. PageU.S. Circuit Court for the District of Maine · 1860