Gear v. Smith
Superior Court of New Hampshire
Debt upon a bond. The writ in this case was served upon Smith only, and. a return of non est inventus was made as to the other two defendants named in the writ.
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Debt upon a bond. The writ in this case was served upon Smith only, and. a return of non est inventus was made as to the other two defendants named in the writ. The bond declared upon was given to the plaintiff by Joseph P. Leavitt as principal, and the other two signers / as sureties, with condition that the said Leavitt, who was then a prisoner on execution, at the suit of the plaintiff, should within one year take the oath prescribed by law for the ease and relief of poor debtors. Said Leavitt took said oath, but one of the magistrates who administered the same was a brother to the said…
1Opinion of the Court
lli*n a >i, J.
The admission of an individual by commissioners of jail delivery to take the poor debtor’s oath, is a judicial act, involving matters of much importance to the debtor and creditor. This tribunal, like every other whose acts are of a judicial character, should be impartially constituted ; especially where a party in interest, as in this instance, has a right to select the magistrates composing it, from the various justices of the county, from whose decision there is no appeal.
A selection in such case by an individual of his near relatives, as of a father, brother, or uncle, is…
2Cases cited3 opinions
- Eggleston v. SmileyNew York Supreme Court · 1819
- Pierce v. SheldonNew York Supreme Court · 1816
- Bellows & Hopkins v. PearsonNew York Supreme Court · 1821
3Cited by7 opinions
- Sanborn v. FellowsSuperior Court of New Hampshire · 1851
- Whicher v. WhicherSuperior Court of New Hampshire · 1840
- Allen v. BruceSuperior Court of New Hampshire · 1841
- Banks v. JohnsonSuperior Court of New Hampshire · 1841
- Gurnsey v. EdwardsSuperior Court of New Hampshire · 1853
2 more not listed; retrieve them via the Exa API.