Stockwell v. Silloway
Massachusetts Supreme Judicial Court
Poor debtors’ oath. On December 29,1866, after the arrest of the defendant on an execution issued on a judgment recovered in a civil action, and pending his examination before a commissioner of insolvency upon his application to be admitted to take the oath for the relief of poor debtors, the attorney of the judgment creditor, in his behalf, filed charges of fraud in these terms : “ I, Henry Carter, of Bradford, in behalf of said Stock-well, on oath make affidavit and say,…
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Poor debtors’ oath. On December 29,1866, after the arrest of the defendant on an execution issued on a judgment recovered in a civil action, and pending his examination before a commissioner of insolvency upon his application to be admitted to take the oath for the relief of poor debtors, the attorney of the judgment creditor, in his behalf, filed charges of fraud in these terms : “ I, Henry Carter, of Bradford, in behalf of said Stock-well, on oath make affidavit and say, that I believe, and have good reason to believe, and charge : “ First. That, since the debt was contracted and the cause…
1Opinion of the CourtGray, J.
The questions in this case relate to the application of the defendant, who had been arrested on execution in a civil action, to be admitted to take the poor debtors’ oath. The statutes of the Commonwealth provide that when, either before the arrest or pending the examination of the debtor, the creditor files certain charges of fraud in writing under oath, “ the charges shaL be considered in the nature of a suit at law, to which the defendant or debtor may plead that he is guilty or not guilty *294and the magistrate shall thereupon hear and determine the same;” that from his judgment “either party…
2Cases cited1 opinion
- Day v. BardwellMassachusetts Supreme Judicial Court · 1867
3Cited by28 opinions
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- Voss v. KingWest Virginia Supreme Court · 1889
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
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