Noyes v. Manning
Massachusetts Supreme Judicial Court
Appeal from an order of the Superior Court overruling a motion in arrest of judgment, which, it was agreed at the argument in this court, was filed after the former decision, reported 159 Mass. 446, when the defendant was brought up for sentence upon conviction of the charge of fraud filed against him by the plaintiff under Pub. Sts. c. 162, § 17, cl. 5, upon his application to take the oath for the relief of poor debtors.
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Appeal from an order of the Superior Court overruling a motion in arrest of judgment, which, it was agreed at the argument in this court, was filed after the former decision, reported 159 Mass. 446, when the defendant was brought up for sentence upon conviction of the charge of fraud filed against him by the plaintiff under Pub. Sts. c. 162, § 17, cl. 5, upon his application to take the oath for the relief of poor debtors. The motion in arrest of judgment alleged that the charge of fraud did not set forth the supposed fraud fully, plainly, clearly, and formally, as the law requires; that it…
1Opinion of the CourtMokton, J.
The principal question which is discussed by the defendant in his brief relates to the authority of the assistant clerks of the Municipal Court of the city of Boston to issue executions and sign orders and certificates made by that court. It is enough to say of this question, that it is not included in the motion in arrest, and cannot be raised for the first time at the argument in this court. The appeal brings up as matter of law only the question of the correctness of the ruling as made upon the motion that was filed.
The substance of the motion in arrest' is that the charge of fraud on…
2Cases cited5 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Frost's CaseMassachusetts Supreme Judicial Court · 1879
- Leonard v. BoltonMassachusetts Supreme Judicial Court · 1891
- Noyes v. ManningMassachusetts Supreme Judicial Court · 1893
3Cited by2 opinions
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
- Radovsky v. SperlingMassachusetts Supreme Judicial Court · 1905