Smith v. Dickinson
Massachusetts Supreme Judicial Court
Charges of fraud, filed by a judgment creditor, under the Pub. Sts. c. 162, against his debtor, upon the application of the latter to take the oath for the relief of poor debtors. The magistrate found the debtor guilty of the first two charges, which were charges of fraudulently conveying his property, and not guilty of the third charge, which was a charge that he contracted the debt with the intention not to pay the same ; and sentenced him accordingly.
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Charges of fraud, filed by a judgment creditor, under the Pub. Sts. c. 162, against his debtor, upon the application of the latter to take the oath for the relief of poor debtors. The magistrate found the debtor guilty of the first two charges, which were charges of fraudulently conveying his property, and not guilty of the third charge, which was a charge that he contracted the debt with the intention not to pay the same ; and sentenced him accordingly. From this judgment and sentence the creditor appealed to the Superior Court. Trial in that court, before Barker, J., who reported the case…
1Opinion of the CourtHolmes, J.
There is no doubt that a strong argument may be made, that each charge filed as provided in the Pub. Sts. *172c. 162, § 49, stands like a separate count; that conviction upon one and acquittal upon another are like separate judgments for the plaintiff and defendant respectively; and that each party may .appeal from the judgment against him by virtue of § 50. But, if this view were correct, it would seem to follow, that, as the appeal is from a judgment, (§ 50; see c. 155, § 28,) the appeal in such a case would only open the judgment appealed from, and that the charges found in favor of the…
2Cases cited3 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Morse v. DaytonMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. GravesMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Perkins v. KavanaughSupreme Judicial Court of Maine · 1938
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1910
- Hume v. TurnerOregon Supreme Court · 1902
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