Blake's case
Massachusetts Supreme Judicial Court
Habeas CORPUS to the keeper of the jail in Suffolk, who made return to the writ, that he held the prisoner under commitment on an execution, issued against him by the municipal court oh the city of Boston, in favor of Henry Haddock and others, upon a judgment recovered by them against him in an action of contract,. and annexed a copy of the execution to his return, bearing, as the foundation for the arrest and commitment, an affidavit made in behalf of the judgment creditors…
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Habeas CORPUS to the keeper of the jail in Suffolk, who made return to the writ, that he held the prisoner under commitment on an execution, issued against him by the municipal court oh the city of Boston, in favor of Henry Haddock and others, upon a judgment recovered by them against him in an action of contract,. and annexed a copy of the execution to his return, bearing, as the foundation for the arrest and commitment, an affidavit made in behalf of the judgment creditors before a master in chancery, that the deponent believed and had good reason to believe that the debtor had property not…
1Opinion of the CourtGbay, J.
By the Gen. Sts. c. 124, § 5, no person shall be arrested on an execution issued for debt or damages in a civil action, except in actions of tort, unless the judgment creditor or some person in his behalf makes affidavit before a magistrate that the debtor has been guilty of one of the fraudulent or wasteful acts specified in the statute. The judgment in this case was rendered in an action of contract, and the only act stated in the affidavit upon which the-judgment debtor was arrested on the execution was according, to the first specification in the statute, namely, that the debtor had…
2Cases cited6 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Gold v. BissellNew York Supreme Court · 1828
- Ex parte BeattyNew York Supreme Court · 1834
- Curry v. PringleNew York Supreme Court · 1814
- Nelson v. CutterU.S. Circuit Court for the District of Ohio · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- National Discount Corp. v. O'MellCourt of Appeals for the Sixth Circuit · 1952
- King's CaseMassachusetts Supreme Judicial Court · 1894
- Cassier v. FalesMassachusetts Supreme Judicial Court · 1885
- Cassier's CaseMassachusetts Supreme Judicial Court · 1885
- Davis's CaseMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.