Baker v. Holmes
Supreme Judicial Court of Maine
The parties agreed to submit this action for the decision of the Court upon the following statement of facts. This is an action on a poor debtor’s bond in common form. On the 26th day of September, 1846, said Holmes disclosed at Portland before J. W. M'unger, chosen by the debtor, and Charles Harding, chosen by R. A. Bird, deputy sheriff of Cumberland county. The creditor did not appear.
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The parties agreed to submit this action for the decision of the Court upon the following statement of facts. This is an action on a poor debtor’s bond in common form. On the 26th day of September, 1846, said Holmes disclosed at Portland before J. W. M'unger, chosen by the debtor, and Charles Harding, chosen by R. A. Bird, deputy sheriff of Cumberland county. The creditor did not appear. Said justices administered the oath, and gave the certificate, conformable to the provisions of the statute. It is proveable, that the application and citation, being a usual printed blank which was served…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The case is presented upon an agreed statement. The suit is upon a bond made by a debtor and his surety, according to the provisions of statute, c. 148, <§> 20. Two justices of the peace and of the quorum, one chosen by the debtor and the other by a deputy of the sheriff, in the absence of the creditor, examined the notification, took the disclosure of the debtor, administered to him the oath, and gave him a certificate in the form prescribed by the thirty-first section of the statute.
When the tribunal composed of the two justices appears to have been…
2Cited by1 opinion
- Buckley v. PageU.S. Circuit Court for the District of Maine · 1860