Odiorne v. Quimby
Superior Court of New Hampshire
Debt on a bond given by the defendant and others to obtain the discharge of Isaac duimby, one of the signers, from arrest, on an execution in favor of the plaintiff, in pursuance of the law for the relief of poor debtors. The action was commenced November 23, 1839, and was submitted to the determination of the court on a statement of facts. The arrest was made at Sandwich, in this county, November 22, 1838, and the bond given and dated the same day.
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Debt on a bond given by the defendant and others to obtain the discharge of Isaac duimby, one of the signers, from arrest, on an execution in favor of the plaintiff, in pursuance of the law for the relief of poor debtors. The action was commenced November 23, 1839, and was submitted to the determination of the court on a statement of facts. The arrest was made at Sandwich, in this county, November 22, 1838, and the bond given and dated the same day. The condition of the bond is in the form prescribed by the statute of 1833 ; and among other things provided that said Isaac duimby “ shall…
1Opinion of the CourtParker, C. J.
The condition of the bond in this case, being in the form prescribed by the statute of 1833, is, that if the debtor, “ now a prisoner at the suit of,” [the plaintiff] “ shall within one year from the day of his arrest, the day of , A. D. , apply to the proper authority, and be admitted to take, and actually take, the oath or affirmation prescribed by the laws of this state for the relief of poor debtors, or in default thereof shall surrender himself up to the creditor, in the manner prescribed by the laws of this state, then this obligation to be void, or else to abide in full force and…
2Cases cited1 opinion
- Bell v. AdamsSuperior Court of New Hampshire · 1839
3Cited by2 opinions
- Wright v. WrightTexas Supreme Court · 1848
- Scovell v. HolbrookSuperior Court of New Hampshire · 1851