Lamagdelaine v. Tremblay
Massachusetts Supreme Judicial Court
Charges oe fraud, filed by a judgment creditor, under Pub. Sts. c. 162, against his debtor, upon the latter’s application to take the oath for the relief of poor debtors. The charges, which were four in number, were those specified in the second, third, fourth, and fifth clauses of § 17. The Police Court of Holyoke found the debtor guilty of the fourth charge, which was that he contracted the debt with an intention not to pay the same, and sentenced him accordingly.
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Charges oe fraud, filed by a judgment creditor, under Pub. Sts. c. 162, against his debtor, upon the latter’s application to take the oath for the relief of poor debtors. The charges, which were four in number, were those specified in the second, third, fourth, and fifth clauses of § 17. The Police Court of Holyoke found the debtor guilty of the fourth charge, which was that he contracted the debt with an intention not to pay the same, and sentenced him accordingly. From this judgment and sentence the debtor appealed to the Superior Court. At the trial in that court, before Maynard, J., the…
1Opinion of the CourtBarker, J.
1. The debtor’s motion in arrest of judgment was rightly overruled, because it was for causes existing before the verdict, and which did not affect the jurisdiction of the court. Chamberlain v. Hoogs, 1 Gray, 172, relied upon by the debtor to show that Pub. Sts. c. 167, § 82, do not apply to actions like the present, was decided in the year 1854; but by St. 1864, c. 250, § 3, the provisions of which are continued in force by Pub. Sts. c. 214, § 27, the same restriction was extended to motions in arrest of judgment rendered in prosecutions for crime. Whether charges of fraud, in actions like…
2Cases cited1 opinion
- Howland v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
3Cited by11 opinions
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- State Ex Rel. Attorney-General Ex Rel. Owens v. ChaplinSupreme Court of North Carolina · 1948
- State v. GlennSuperior Court of Delaware · 1939
- Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Geary v. StevensonMassachusetts Supreme Judicial Court · 1897
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