Sturman v. McCarthy
Massachusetts Supreme Judicial Court
Contract upon a poor debtor recognizance. Writ in the Police Court of Somerville dated April 7, 1917. On appeal to the Superior Court the case was heard hj Morton, J., without a jury. He made the following finding of facts: . “The debtor appeared by counsel within the thirty days prescribed by law. He was sworn and examined by the plaintiff’s counsel and the examination was continued from time to time until May.
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Contract upon a poor debtor recognizance. Writ in the Police Court of Somerville dated April 7, 1917. On appeal to the Superior Court the case was heard hj Morton, J., without a jury. He made the following finding of facts: . “The debtor appeared by counsel within the thirty days prescribed by law. He was sworn and examined by the plaintiff’s counsel and the examination was continued from time to time until May. It had been a common practice, known to the plaintiff’s attorney, for a debtor to appear by counsel and not personally. Neither of the defendant’s counsel nor the debtor nor his…
1Opinion of the CourtCarroll, J.
This is an action against the surety on a poor *46debtor’s recognizance. The debtor, McGann, who was arrested on execution December 5, 1916, entered into a recognizance under R. L. c. 168, § 30. Within thirty days from his arrest he did not “deliver himself up for examination,”' but within that time, on January 3, 1917, an application to take the oath for the relief of poor debtors was made by his attorney in the Municipal Court of the City of Boston. On January 10, 1917, the time fixed for the examination, the debtor was present in court, was sworn and was examined by the plaintiff, and…
2Cases cited11 opinions
- Riley v. BrusendorffMassachusetts Supreme Judicial Court · 1917
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
- Andrews v. KnowltonMassachusetts Supreme Judicial Court · 1876
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3Cited by7 opinions
- Hersey v. HerseyMassachusetts Supreme Judicial Court · 1930
- National Surety Co. v. ReedMassachusetts Supreme Judicial Court · 1928
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
- McKeon v. BriggsMassachusetts Supreme Judicial Court · 1919
- Modern Finance Co. v. MartinMassachusetts Supreme Judicial Court · 1942
2 more not listed; retrieve them via the Exa API.