Phelps v. Stearns
Massachusetts Supreme Judicial Court
Action of tort, commenced in the court of common pleas. The declaration contained two counts, the first of which averred that the defendant, being lawfully committed to jail upon an execution in favor of the plaintiff, did, on his examination before two justices of the peace and of the quorum upon his application to be admitted to take the poor debtors’ oath, in reply to certain interrogatories put by the plaintiff, pertinent to said examination, knowingly, wilfully and…
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Action of tort, commenced in the court of common pleas. The declaration contained two counts, the first of which averred that the defendant, being lawfully committed to jail upon an execution in favor of the plaintiff, did, on his examination before two justices of the peace and of the quorum upon his application to be admitted to take the poor debtors’ oath, in reply to certain interrogatories put by the plaintiff, pertinent to said examination, knowingly, wilfully and falsely make oath that he had not any estate, real or personal, to the amount of the execution, except what was by law…
1Opinion of the CourtMetcalf, J.
Not only is no precedent shown for the maintenance of this action, but there are numerous authorities, ancient and modern, that such an action cannot be maintained at common law. Jerom & Knights case, 1 Leon. 107. Damport v. Sympson, Cro. Eliz. 520, Owen, 158, and 2 Anderson, 47. Eyres v. Sedgewicke, Cro. Jac. 601, and 2 Rol. R. 197. Harding v. Bodman, Hut. 11. Dawling v. Wenman, 2 Show. 446. Bostwick v. Lewis, 2 Day, 447. Smith v. Lewis, 3 Johns. 157. Cunningham v. Brown, 18 Verm. 123. Dunlap v. Glidden, 31 Maine, 439. On these authorities, this demurrer must be sustained ; there being no…
2Cases cited3 opinions
- Smith v. LewisNew York Supreme Court · 1808
- Cunningham v. BrownSupreme Court of Vermont · 1846
- Bostwick v. LewisSupreme Court of Connecticut · 1807
3Cited by3 opinions
- Limone v. United StatesDistrict Court, D. Massachusetts · 2003
- Balistreri v. NestorMassachusetts Appeals Court · 2019
- Macdonald v. SchroederSuperior Court of Pennsylvania · 1905