Van Ingen v. Justices of the Municipal Court
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, to command the justices of the Municipal Court of the city of Boston not to terminate the poor debtor proceedings of the petitioners against Frank T. Mason, pending in that court, and not to order his discharge from arrest, and to continue his examination, as required by Pub. Sts. c. 162, § 38, and to continue to hear and determine the petitioners’ charges of fraud, as required by Pub.
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Petition for a writ of mandamus, to command the justices of the Municipal Court of the city of Boston not to terminate the poor debtor proceedings of the petitioners against Frank T. Mason, pending in that court, and not to order his discharge from arrest, and to continue his examination, as required by Pub. Sts. c. 162, § 38, and to continue to hear and determine the petitioners’ charges of fraud, as required by Pub. Sts. c. 162, § 49. The case was reserved by Barker, J., for the determination of the full court on agreed facts, which alleged that on January 1, 1891, Mason owed the…
1Opinion of the CourtHolmes, J.
The fact that a discharge has been refused in earlier insolvency proceedings in which the petitioners’ claim was provable, does not affect the operation of Pub. Sts. c. 157, § 83, in exempting the debtor from arrest after a later discharge. The words of § 83 are express, that after a discharge in insolvency the debtor is forever exempt from imprisonment in any proceedings on account of a debt or demand provable against his estate. “ A debt or demand ” means “ any debt or demand,” and is of universal application.
The section applies as well to debts which are not discharged by § 81 as to those…
2Cases cited4 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Light v. MerriamMassachusetts Supreme Judicial Court · 1882
- Hall v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1895
3Cited by3 opinions
- Casey v. Justice of the Superior CourtMassachusetts Supreme Judicial Court · 1918
- Dean v. Justices of Municipal CourtMassachusetts Supreme Judicial Court · 1899
- Shore v. FloodMassachusetts District Court, Appellate Division · 1938