Eames v. Rice
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28, by Isaac L. Rice as principal, and by the defendant as surety. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtAllen, J.
The debtor duly surrendered himself within the thirty days to a proper court, and procured the issuing of a notice of the time and place fixed for his examination, but before service thereof the notice was thought by the court to be insufficient in form, b/ reason of not stating that the debtor had been arrested on an execution in favor of the judgment creditors, and that the time fixed was for the examination of the debtor. These errors therefore were corrected after the thirty days had expired, and a later time fixed for the examination, probably for the reason that otherwise the time…
2Cases cited3 opinions
- Marple v. BurtonMassachusetts Supreme Judicial Court · 1887
- Hastings v. PartridgeMassachusetts Supreme Judicial Court · 1878
- First National Bank of Ithaca v. GoginMassachusetts Supreme Judicial Court · 1889
3Cited by3 opinions
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926