Cook v. Thayer
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts, c. 124, § 17, by the first named defendant, as principal, and the other, as surety, and conditioned that John A. Thayer, who had been arrested on an execution in favor of the plaintiff, should appear on December 11, 1875, at ten o’clock, A. M., at the office of A. Perry Peck, a trial justice for said county, in Northampton, being the time and place fixed by the magistrate taking the recognizance, at the debtor’s…
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Contract on a recognizance entered into under the Gen. Sts, c. 124, § 17, by the first named defendant, as principal, and the other, as surety, and conditioned that John A. Thayer, who had been arrested on an execution in favor of the plaintiff, should appear on December 11, 1875, at ten o’clock, A. M., at the office of A. Perry Peck, a trial justice for said county, in Northampton, being the time and place fixed by the magistrate taking the recognizance, at the debtor’s request, for his examination as poor debtor, and from time to time until the examination was concluded, and not depart…
1Opinion of the CourtAmes, J.
It appears that while the debtor and creditor were in the presence of the magistrate, and before the expiration of the appointed hour, a question arose whether the debtor, having already taken the oath before the creditor appeared, was thereafter bound to submit to examination. Instead of submitting to be examined, the debtor obtained leave from the magistrate to see his counsel, for the purpose of being instructed as to his rights and duties in the matter. We have decided that the effect of this permission was to extend the hour for a reasonable length *337of time, for that purpose, and that if…
2Cases cited4 opinions
- Palmer v. MerrillMassachusetts Supreme Judicial Court · 1850
- Millett v. LemonMassachusetts Supreme Judicial Court · 1873
- Simpson v. TrivettMassachusetts Supreme Judicial Court · 1876
- Cook v. ThayerMassachusetts Supreme Judicial Court · 1877