Hall v. Justices of the Municipal Court
Massachusetts Supreme Judicial Court
Petition for a writ of prohibition to restrain the justices of the Municipal Court of the city of Boston from proceeding to hear the application of a judgment debtor for a certificate authorizing the arrest of the petitioner.
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Petition for a writ of prohibition to restrain the justices of the Municipal Court of the city of Boston from proceeding to hear the application of a judgment debtor for a certificate authorizing the arrest of the petitioner. The case was submitted on agreed facts, which alleged that on June 11, 1890, Joseph W. Parker sold to the petitioner clothing to the amount of forty-five dollars; that in May, 1891, the petitioner filed his petition in insolvency, receiving his discharge on June 23, 1892; that the bill of Parker was not proved against the insolvent estate of the petitioner; that in…
1Opinion of the CourtHolmes, J.
The petitioner suffered judgment by default on a debt for necessaries. He had a discharge in insolvency before the action was brought. The debt was provable, but was not proved in the insolvency proceedings, and therefore was not discharged. Pub. Sts. c. 157, §§ 26, 84. But by § 83 the debtor, after obtaining his certificate of discharge, “ shall also be forever thereafter discharged and exempt from arrest or imprisonment in any suit or upon any proceeding for or on account of a debt or demand provable against his estate.” The words could not be stronger or more explicit. They apply to an…
2Cases cited1 opinion
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
3Cited by2 opinions
- Van Ingen v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1896
- Bennett v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1896