Banks v. Johnson
Superior Court of New Hampshire
Debt upon a bond, dated September 16th, 1837, executed upon the arrest of Johnson, one of the defendants, by virtue of an execution in favor of the plaintiffs.
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Debt upon a bond, dated September 16th, 1837, executed upon the arrest of Johnson, one of the defendants, by virtue of an execution in favor of the plaintiffs. On the 20th day of August, 1S38, Johnson applied to Isaac Hunt, Jr., and John M. Hunt, two justices of the peace and of the quorum, to be admitted to take the oath prescribed by law for the relief of poor debtors ; and upon that application the justices made an order of notice to the plaintiffs, t$ appear at the office of Abbot & Fox, in Nashua, on the sixth day of September, then next, at five o’clock in the afternoon, to shew cause,…
1Opinion of the CourtPaRker, C. J.
The statute, authorizing two justices of the peace and of the quorum to administer the oath or affirmation prescribed by law for any person arrested or imprisoned upon execution, and who may be entitled to take the same, requires them, if they administer it, to make a certificate, in the form prescribed, which sets forth that the debtor, at the time named, took the oath as prescribed by law, and that the creditor, (or his attorney,) having been duly notified, did, (or did not,) attend. It also requires them to make a return of the petition, and their doings thereon, to the office of the clerk…
2Cases cited5 opinions
- Gear v. SmithSuperior Court of New Hampshire · 1837
- Little v. HaseyMassachusetts Supreme Judicial Court · 1815
- Bunker v. NutterSuperior Court of New Hampshire · 1838
- Flanders v. ThompsonSuperior Court of New Hampshire · 1821
- Hall v. TenneySuperior Court of New Hampshire · 1841
3Cited by1 opinion
- Downer v. HollisterSuperior Court of New Hampshire · 1843