Davis's Case
Massachusetts Supreme Judicial Court
Habeas corpus to the keeper of Suffolk jail, who made return that he held the prisoner, Daniel C. Davis, imprisoned by virtue of an execution issuing from the Superior Court. At the hearing, before Morton, J., the following facts appeared: In 1861 Davis was arrested on an execution issuing out of the Police Court of the city of Boston on a judgment in favor of A. H. Wildes, and was taken before a master in chancery.
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Habeas corpus to the keeper of Suffolk jail, who made return that he held the prisoner, Daniel C. Davis, imprisoned by virtue of an execution issuing from the Superior Court. At the hearing, before Morton, J., the following facts appeared: In 1861 Davis was arrested on an execution issuing out of the Police Court of the city of Boston on a judgment in favor of A. H. Wildes, and was taken before a master in chancery. The material part of the magistrate’s record was as follows: “ Suffolk, ss. December 20,1861. The within named Davis delivered himself up for examination before me, having given…
1Opinion of the CourtGbay, J.
The decision of this case depends upon a consideration of the provisions of successive statutes upon the subject of the effect of the discharge of a poor debtor.
By the Rev. Sts. c. 98, § 14, a judgment debtor, arrested on execution, and discharged on taking the poor debtor’s oath, was declared to be “ forever exempted from arrest or imprisonment for the same debt,” unless convicted of having wilfully sworn falsely upon his examination. It cannot be doubted that an arrest, either on mesne process or execution, in a subsequent action on the first judgment, must have been deemed an arrest “ for…
2Cases cited2 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Blake's caseMassachusetts Supreme Judicial Court · 1871
3Cited by1 opinion
- Hooper v. CoxMassachusetts Supreme Judicial Court · 1875