Ruberg
Massachusetts Supreme Judicial Court
Petition, filed February 14,1896, for a writ of habeas corpus to the sheriff of Suffolk. Hearing before Morton, J., who ordered the petition to be dismissed, and, at the petitioner’s request, reported the case. for the determination of the full court, in substance as follows.
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Petition, filed February 14,1896, for a writ of habeas corpus to the sheriff of Suffolk. Hearing before Morton, J., who ordered the petition to be dismissed, and, at the petitioner’s request, reported the case. for the determination of the full court, in substance as follows. One Carey recovered judgment in the Superior Court at Brockton against the petitioner on January 7, 1895, and subsequently took out execution, upon which the petitioner was cited to appear and submit himself to an examination touching his estate before the police court of Brockton. He did not appear for examination, and…
1Opinion of the CourtField, C. J.
Section 44 of the Pub. Sts. c. 162, is as follows: “ If the debtor arrested on execution and taken before the magistrate does not desire to take an oath, or fails to procure surety or sureties to the satisfaction of the magistrate as before provided, or if upon his examination the oath or oaths are refused to him, *35of which refusal a certificate shall be annexed to the execution and signed by the magistrate, he shall be conveyed to jail, and there kept until he has recognized as herein provided, (if the oath for the relief of poor debtors has not been refused him,) or until the execution is…
2Cases cited3 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Heywood v. HildrethMassachusetts Supreme Judicial Court · 1812
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- Dalton-Ingersoll Co. v. HubbardMassachusetts Supreme Judicial Court · 1899
- Plympton's CaseMassachusetts Supreme Judicial Court · 1907