Collins v. Hardy
Massachusetts Supreme Judicial Court
Petition for a writ of prohibition to restrain a justice of the Municipal Court of the City of Boston from proceeding to hear the application of Walter Sprange, a debtor arrested on mesne process, to take the oath that he did not intend to leave the State.
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Petition for a writ of prohibition to restrain a justice of the Municipal Court of the City of Boston from proceeding to hear the application of Walter Sprange, a debtor arrested on mesne process, to take the oath that he did not intend to leave the State. At the hearing, before Lathrop, J., it appeared that Sprange was arrested on October 28, 1893, on a writ in an action of contract, in which the petitioner was plaintiff, and thereupon Sprange duly recognized that he would deliver himself up for examination according to law ; that upon November 16, 1893, Sprange procured from the Municipal…
1Opinion of the CourtAllen, J.
It has heretofore been determined that, after an application of this kind has once been heard and refused, there is no jurisdiction to entertain another similar application. Henshaw v. Cotton, 127 Mass. 60. The only difference in the present case is, that upon the debtor’s first application he did not appear at the time and place fixed by adjournment for examination, and was defaulted. This is equivalent to a decision against him upon his application. Otherwise he might give successive notices and require the attendance of the creditor without attending himself. In order to discharge him upon…
2Cases cited1 opinion
- Henshaw v. CottonMassachusetts Supreme Judicial Court · 1879