Plympton's Case
Massachusetts Supreme Judicial Court
Petition filed in the Supreme Judicial Court on October 19, 1907, for the issuing of a writ of habeas corpus according to the provisions of R. L. c. 191, to obtain the release of the petitioner from imprisonment and restraint in the jail at Dedham alleged to be unlawful.
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Petition filed in the Supreme Judicial Court on October 19, 1907, for the issuing of a writ of habeas corpus according to the provisions of R. L. c. 191, to obtain the release of the petitioner from imprisonment and restraint in the jail at Dedham alleged to be unlawful. The case came on to be heard before Sheldon, J., who reserved it upon the petition and an agreed statement of facts and certain additional facts found by him for determination by the full court, such order to be entered as law and justice might require. The case was submitted on briefs.
1Opinion of the CourtKnowlton, C. J.
At the hearing upon the writ of habeas corpus which was issued in this ease, it appeared that the prisoner was confined in jail under an execution issued upon a judgment in an action at law.
The original execution was duly issued with the usual direction to the officer, in the alternative, to cause payment of the amount named to be made from the goods, chattels or lands of the debtor, and for want thereof, to take his body. An application was made to the District Court of Northern Norfolk for a certificate authorizing the arrest of the debtor, and notice was duly given him to appear for…
2Cases cited5 opinions
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Thomson v. SleeperMassachusetts Supreme Judicial Court · 1897
- Hoar v. TildenMassachusetts Supreme Judicial Court · 1901
- Kellogg v. UnderwoodMassachusetts Supreme Judicial Court · 1895
- RubergMassachusetts Supreme Judicial Court · 1896
3Cited by1 opinion
- Chambers's CaseMassachusetts Supreme Judicial Court · 1915