Foster v. Foster
Massachusetts Supreme Judicial Court
Appeal by a creditor from the findings of a magistrate upon charges of fraud filed against a debtor under the Gen. Sts. c. 124, upon his application to take the oath for the relief of poor debtors.
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Appeal by a creditor from the findings of a magistrate upon charges of fraud filed against a debtor under the Gen. Sts. c. 124, upon his application to take the oath for the relief of poor debtors. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions in substance as follows: On August 13, 1874, the plaintiff filed a libel for divorce against the defendant, her husband; and on December 26, 1874, she obtained a decree of divorce from the bond of matrimony, for gross and confirmed habits of intoxication of the defendant, was given the custody of their minor child,…
1Opinion of the CourtGray, C. J.
The defendant was lawfully arrested on the execution issued for alimony. He had no right to be discharged from imprisonment, except in the same manner, and subject to the same provisions of law, as a person arrested on execution for debt or damages in a civil action; and, by applying to a magis-: trate to take the poor debtor’s oath, he assumed the risk of meeting charges of fraud filed by the creditor. Gen. Sts. c. 124, § 23. St. 1873, c. 352, § 3. Chase v. Ingalls, 97 Mass. 524, 530. Chase v. Chase, 105 Mass. 385, 388. Stockwell v. Silloway, 100 Mass. 287.
But the defendant, having paid the…
2Cases cited4 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1870
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
3Cited by9 opinions
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1949
- Southworth v. TreadwellMassachusetts Supreme Judicial Court · 1897
- Winter v. WinterNebraska Supreme Court · 1914
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Shepherd v. ShepherdMassachusetts Supreme Judicial Court · 1907
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