Bennett v. Justices of the Municipal Court
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, to require the justices of the Municipal Court of the city of Boston to direct Afred A. and Simeon Marcus to submit to an examination touching their estate, under the proceedings for the relief of poor debtors.
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Petition for a writ of mandamus, to require the justices of the Municipal Court of the city of Boston to direct Afred A. and Simeon Marcus to submit to an examination touching their estate, under the proceedings for the relief of poor debtors. The petition alleged that, on October 12, 1894, the petitioner obtained a judgment in the Municipal Court of the city of Boston against Alfred A. and Simeon Marcus, copartners on a promissory note given by them in the firm name, and on December 3, 1894, on appeal in the Superior Court, on which, on December 13,1894, an execution, and on July 10,1895, an…
1Opinion of the CourtHolmes, J.
The exemption from arrest or imprisonment in any suit or upon any proceeding for or on account of a debt or demand provable against an insolvent’s estate, granted by Pub. Sts. c. 157, § 83, depends on the character of the origin"1 debt or demand, and is not affected by the fact that a judgment has been taken upon it. Choteau v. Richardson, 12 Allen, 365. Hall v. Justices of the Municipal Court, 164 Mass. 155.
It is true that it has been considered that a discharge does not affect a debt provable at the beginning of insolvency or bankruptcy proceedings, if it is allowed to pass to judgment…
2Cases cited4 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Hall v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1895
3Cited by2 opinions
- Packer v. WhittierCourt of Appeals for the First Circuit · 1899
- Standard Oil Co. v. Y-D Supplies Co.Massachusetts Supreme Judicial Court · 1934