Downer v. Hollister
Superior Court of New Hampshire
Debt on a bond given under the statute for the ease and relief of poor debtors, executed by one Howard as principal, and by the defendant and Ira Savage as sureties. At the trial, it was in evidence that the poor debtor’s oath was administered to Howard on the 25th day of November, 1841, by two magistrates, and that a certificate of his discharge was issued.
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Debt on a bond given under the statute for the ease and relief of poor debtors, executed by one Howard as principal, and by the defendant and Ira Savage as sureties. At the trial, it was in evidence that the poor debtor’s oath was administered to Howard on the 25th day of November, 1841, by two magistrates, and that a certificate of his discharge was issued. One of the magistrates was a brother of Savage, the surety, and the plaintiff objected that for this cause the discharge was invalid; but the objection was overruled by the court. It appeared that a notice was served upon the creditor…
1Opinion of the CourtGilchrist, J.
The objection that one of the magistrates was a brother of one of the sureties in the bond, must be *124overruled, as the point has already been settled. In the case of Allen vs. Bruce, 12 N. H. Rep. 418, it was held that such a relationship did not disqualify a person from administering the oath to a poor debtor.
Upon the other point raised in the case, but little authority is to be found. We have met with two cases only in which it was examined at all, although others may have escaped our observation. It is held in the case of Banks vs. Johnson, 12 N. H. Rep. 445, that in general, a party who…
2Cases cited3 opinions
- Johnson v. HigginsCourt of Appeals of Kentucky · 1861
- Allen v. BruceSuperior Court of New Hampshire · 1841
- Banks v. JohnsonSuperior Court of New Hampshire · 1841