Jenkins v. Newell
Massachusetts Supreme Judicial Court
Debt on a bond for the liberty of the jail limits. The case was submitted to the court on the following statement of facts: Joseph H. Newell, one of the defendants, was arrested, May 10th 1843, upon an execution which issued on a judgment recovered against him by the plaintiffs, and was committed to the jail in Boston, by W. Freeman, a deputy sheriff.
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Debt on a bond for the liberty of the jail limits. The case was submitted to the court on the following statement of facts: Joseph H. Newell, one of the defendants, was arrested, May 10th 1843, upon an execution which issued on a judgment recovered against him by the plaintiffs, and was committed to the jail in Boston, by W. Freeman, a deputy sheriff. On the same day, said Newell, as principal, and the other defendants, as his sureties, gave the bond on which this action is brought, conditioned as the law in such cases requires. On the 21st of July 1843, said Newell, then on the jail limits…
1Opinion of the CourtHubbard, J.
The only question presented for the consid-
eration of the court is, whether the notice served upon the judgment creditors was in conformity to the requirements of St. 1842, c. 56, $ 1. If the notice was given through an officer not authorized by the statute, it is then contended that such defect is fatal, and avoids the discharge ; the certificate of the magistrates not being conclusive evidence of the regularity of the prior proceedings. Little v. Hasey, 12 Mass. 319. Putnam, v. Longley, 11 Pick. 487. Slasson v. Brown, 20 Pick. 436.
The argument of the plaintiffs’ counsel is, that the debtor, *305…
2Cases cited1 opinion
- Little v. HaseyMassachusetts Supreme Judicial Court · 1815