Knight v. Fifield
Massachusetts Supreme Judicial Court
This was an action of debt on a bond for the prison limits, in usual form, and came up by appeal from the court of common pleas, after a judgment for the defendant in that court on an agreed statement of facts. The defence relied on was a discharge within the ninety days limited by the condition, by taking the poor debtors’ oath, which was duly certified to the jailer.
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This was an action of debt on a bond for the prison limits, in usual form, and came up by appeal from the court of common pleas, after a judgment for the defendant in that court on an agreed statement of facts. The defence relied on was a discharge within the ninety days limited by the condition, by taking the poor debtors’ oath, which was duly certified to the jailer. The plaintiff objected to the validity of this discharge, for want of legal and sufficient notice to the creditor of the time and place appointed for the examination and taking the oath. The creditor lived out of the state, and…
1Opinion of the CourtShaw, C. J.
The court are of opinion, that this citation was well served on the creditor. Rev. Sts. c. 98, § 3. The creditor was out of the state. Messrs. Hutchins & Wheeler were the attorneys who prosecuted the suit and obtained the judgment. The statute does not, in terms, require several notices to several attorneys; it speaks of the “ attorney.” The general rule is, that when two or more persons are subject to a joint duty or obligation, upon notice, and when other special notice is not made necessary, by statute or by contract, a notice addressed to all, and served on one, is notice to all. Morse v.…
2Cases cited2 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Smith v. GowerCourt of Appeals of Kentucky · 1860