Newmarket National Bank v. Cram
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into under the Gen. Sts. c. 124, § 10, by the defendant Cram as principal, and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon an agreed statement of facts, in substance as follows: The plaintiff recovered a judgment against Cram, upon which execution issued.
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Contract upon a poor debtor’s recognizance, entered into under the Gen. Sts. c. 124, § 10, by the defendant Cram as principal, and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon an agreed statement of facts, in substance as follows: The plaintiff recovered a judgment against Cram, upon which execution issued. At the time of the recovery of the judgment, and ever since, Cram lived and had his usual place of business in Norfolk County, and has had no…
1Opinion of the CourtSoule, J.
Before the enactment of the St. of 1877, c. 250, a debtor could be arrested on mesne process or execution, after the making of the affidavit required by the Gen. Sts. c. 124, *206and such ex parte examination as satisfied the magistrate taking the affidavit that the charge contained in it was true. The statute contained no requirement that the affidavit should be made in the county where the debtor resided or had his place of business, or where the arrest was to be made. And it was held that therefore an arrest was valid, though the affidavit was made in another county than that where the debtor…
2Cases cited2 opinions
- McGregor v. CraneMassachusetts Supreme Judicial Court · 1868
- Francis v. HowardMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Williams v. ShillaberMassachusetts Supreme Judicial Court · 1891
- Atwood v. WheelerMassachusetts Supreme Judicial Court · 1889