Noyes v. Manning
Massachusetts Supreme Judicial Court
Charge of fraud, filed under the Pub. Sts. c. 162, § 17. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The defendant applied to the Municipal Court of the City of Boston to take the oath for the relief of poor debtors, on which application an examination was had upon the issue whether he had property above twenty dollars which could be "taken on execution.
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Charge of fraud, filed under the Pub. Sts. c. 162, § 17. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. The defendant applied to the Municipal Court of the City of Boston to take the oath for the relief of poor debtors, on which application an examination was had upon the issue whether he had property above twenty dollars which could be "taken on execution. Pending the examination, a charge of fraud was filed by the creditor, namely, that, at the time the defendant contracted the debt on which judgment was rendered, he intended not…
1Opinion of the CourtAllen, J.
We are all of opinion that the Superior Court rightly refused to give the ruling which was asked. A majority of the court is of opinion that, under Pub. Sts. c. 162, §§ 89, 52, the judge of the Municipal Court had no authority to administer the oath concurrently with his finding the debtor guilty upon the charge of fraud, and that his act of administering the oath under such circumstances was a mere nullity; -the case being distinguishable from Lockhead v. Jones, 137 Mass. 25, where the oath was not administered until an appeal had been taken from the conviction upon the charge of fraud, and…
2Cases cited3 opinions
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Keith v. McCaffreyMassachusetts Supreme Judicial Court · 1887
- Lockhead v. JonesMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
- Noyes v. ManningMassachusetts Supreme Judicial Court · 1894