Agry v. Betts
Supreme Judicial Court of Maine
Debt upon a jail bond. The defence was, that the principal obligor had taken the poor debtor’s oath before two Justices of the Peace and of the quorum, and had been discharged; and the proper record was introduced to show this fact. The record also recited, that upon examination by the Justices, of the return of the officer upon the notification previously issued to the creditor, it appeared to have been duly served.
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Debt upon a jail bond. The defence was, that the principal obligor had taken the poor debtor’s oath before two Justices of the Peace and of the quorum, and had been discharged; and the proper record was introduced to show this fact. The record also recited, that upon examination by the Justices, of the return of the officer upon the notification previously issued to the creditor, it appeared to have been duly served. To avoid the effect of this, the plaintiff proposed to show that, at the time of the alleged service of notice upon him, which was by leaving a copy at his last and usual place…
1Opinion of the Court
Weston C. J.
— The question submitted to our determination is, whether there has, or has not been a breach of the condition of the bond, declared on. The defendant relies upon the proceedings had before two Justices of the Peace, each of the quorum, for the county of Somerset, under the act for the relief of poor debtors, statute of 1822, ch. 209, which are certified to us by the same Justices, as a true copy of the record, remaining with them. By the fifteenth section of that act it is provided, “ that one of said Justices shall always make proper entries and records of their proceedings, and…
2Cases cited1 opinion
- Little v. HaseyMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- State v. HowardSupreme Court of Vermont · 1909
- Buckley v. PageU.S. Circuit Court for the District of Maine · 1860