Lovering v. Lamson
Supreme Judicial Court of Maine
Exceptions from the ruling of Cutting, J. This was an action of debt upon a poor debtor’s bond. The defence was performance by the debtor’s taking the oath ag provided^ by the statute. The cértiñcate of discharge by two justices of the peace and of the quorum was introduced. Eor the plaintiff it was contended that one of the justices was not disinterested. The material portion of the evidence offered on this point will appear .from the opinion of the Court.
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Exceptions from the ruling of Cutting, J. This was an action of debt upon a poor debtor’s bond. The defence was performance by the debtor’s taking the oath ag provided^ by the statute. The cértiñcate of discharge by two justices of the peace and of the quorum was introduced. Eor the plaintiff it was contended that one of the justices was not disinterested. The material portion of the evidence offered on this point will appear .from the opinion of the Court. The presiding Judge ruled, that'upon the evidence, the action could not be maintained; to which ruling the plaintiff excepted. argued in…
1Opinion of the Court
*335The opinion of the Court was drawn up by
Davis, J.
It is objected, in this case, that one of the justices, before whom the debtor made his disclosure, was not " disinterestedand that they therefore had no jurisdiction.
It appears from the deposition of Trueworthy, that Lam-son applied to him for a citation; that he made it, and procured it to be served; that he advised him in regard to the mode of proceeding; and that he employed and paid counsel for him to attend to the disclosure. It is evident that the relations between them were such that he ought not to have acted as one of the magistrates;…
2Cited by1 opinion
- Fitzhugh v. NirschlOregon Supreme Court · 1915