Legal Opinion

McConnell v. Kelley

Massachusetts Supreme Judicial Court

Decided January 13, 1885PublishedCited by 18 opinions

Bill in equity to vacate and set aside a warrant issued by the judge of insolvency for Essex county, upon the petition of the defendant Kelley. Hearing before JDevens, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

Our insolvent law provides that “ an inhabitant of this State owing debts contracted while such inhabitant ” may apply to the judge of the court of insolvency of the county within which he resides for the benefit of the insolvent law, and, if it appears that he owes debts to the amount of not less than $200, the said judge is forthwith to issue a warrant; it also provides that, for certain causes assigned, creditors may commence involuntary proceedings against a debtor, if he “has resided in the State within one year.” Pub. Sts. c. 157. In the case before us, the defendant Kelley duly filed…

2Cases cited2 opinions

  1. Thayer v. City of BostonMassachusetts Supreme Judicial Court · 1878
  2. Case v. ClarkeU.S. Circuit Court for the District of Rhode Island · 1828

3Cited by18 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Commonwealth v. AckerMassachusetts Supreme Judicial Court · 1908
  3. Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
  4. Frame v. ThormannWisconsin Supreme Court · 1899
  5. Slater v. MunroeMassachusetts Supreme Judicial Court · 1943

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