Legal Opinion

Scovell v. Holbrook

Superior Court of New Hampshire

Decided July 15, 1851Published

Debt, on a jail bond, dated December 10th, 1849, given to the plaintiffs by one John N. Hodskins, as principal, and the defendant and another as^sureties, with condition that if the said Hodskins, a prisoner on the plaintiff’s execution, should, within one year from the date thereof, apply to .the proper authority, and be admitted to take, and should actually take the oath or affirmation prescribed by law for the relief of poor debtors, or in default thereof should surrender…

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Debt, on a jail bond, dated December 10th, 1849, given to the plaintiffs by one John N. Hodskins, as principal, and the defendant and another as^sureties, with condition that if the said Hodskins, a prisoner on the plaintiff’s execution, should, within one year from the date thereof, apply to .the proper authority, and be admitted to take, and should actually take the oath or affirmation prescribed by law for the relief of poor debtors, or in default thereof should surrender himself to prison as prescribed by law, then said obligation to be void. On the 25th of November, 1850, Hodskins…

1Opinion of the CourtEastman, J.

The condition of the bond on which this suit is brought, is, that Hodskins, the prisoner, should, within one year from the date of the bond, take the oath prescribed for the relief of poor debtors, or, in default thereof, surrender himself to prison as prescribed by law. The provision of the statute upon the subject is as follows: “ If the debtor, giving such bond, shall not, within one year from the date thereof, take the oath or affirmation prescribed by law for the relief of poor debtors, or be otherwise discharged, he shall, on the day next after the expiration o| said year, unless the…

2Cases cited3 opinions

  1. Bunker v. NutterSuperior Court of New Hampshire · 1838
  2. Bell v. AdamsSuperior Court of New Hampshire · 1839
  3. Odiorne v. QuimbySuperior Court of New Hampshire · 1840

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