Madison v. Rano
Superior Court of New Hampshire
Debt on a Rand made the 16th July 1824, and conditioned that Ralph Thompson, a prisoner in the gaol at Haver-hill, in the county of Grafton, at the suit of the plaintiff should continue a true prisoner until lawfully discharged. The defendant pleaded performance of the condition of the bond.
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Debt on a Rand made the 16th July 1824, and conditioned that Ralph Thompson, a prisoner in the gaol at Haver-hill, in the county of Grafton, at the suit of the plaintiff should continue a true prisoner until lawfully discharged. The defendant pleaded performance of the condition of the bond. The plaintiff replied an escape on the 11th August, 1824. The defendant rejoined that Thompson on the 11th August, 1824, having taken the previous steps required by the statute was upon taking the poor debtor’s oath lawfully discharged. The plaintiff in his surrejoinder alleged “ that the said Ralph…
1Opinion of the CourtRichardson, C. J.
This case has been very well argued and we shall now proceed in the first place to examine the statutes and see what notice they require to be given to the creditor before a debtor can be legally discharged upon taking the oath. It is believed that when the requisitions of the statutes are well understood. *84there can be no difficulty in settling the question which has been raised in this case.
The statute of February 15, 1791, enacts that “such court or justices applied to shall notify in writing the creditor, &c. of the application made to them as aforesaid and of the time when and place where…
2Cases cited1 opinion
- Commonwealth v. CummingsMassachusetts Supreme Judicial Court · 1819