Hill v. Bartlett
Massachusetts Supreme Judicial Court
Contract on a recognizance, entered into on September 27, 1876, -under the Gen. Sts. c. 124, § 10, by David McGuire aa principal, and the defendant as surety, reciting the arrest of McGuire on an execution, bearing date August 1,1876, issued upon a judgment of the Municipal Court of the city of Boston in favor of the plaintiff, and conditioned that McGuire should, within thirty days from the day of his arrest, deliver himself up before some magistrate authorized to act,…
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Contract on a recognizance, entered into on September 27, 1876, -under the Gen. Sts. c. 124, § 10, by David McGuire aa principal, and the defendant as surety, reciting the arrest of McGuire on an execution, bearing date August 1,1876, issued upon a judgment of the Municipal Court of the city of Boston in favor of the plaintiff, and conditioned that McGuire should, within thirty days from the day of his arrest, deliver himself up before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination,…
1Opinion of the CourtAmes, J.
The attorney of record for the plaintiff, having recently taken out the execution against McGuire, and having delivered it to an officer for immediate service by arrest, must be supposed to have anticipated the possibility that the- debtor might seek relief from imprisonment in the mode provided by the statute for the relief of poor debtors. The attorney must also have known that he was the proper person to be served *401with notice, if the debtor should desire to take the poor debtor’s oath. He knew also that he was not the attorney for William Hill and others, and that he had nothing to do with…
2Cases cited3 opinions
- Pierce v. PhillipsMassachusetts Supreme Judicial Court · 1869
- Salmon v. NationMassachusetts Supreme Judicial Court · 1872
- Way v. O'SullivanMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Stearns v. HemenwayMassachusetts Supreme Judicial Court · 1894
- Calnan v. ToomeyMassachusetts Supreme Judicial Court · 1880
- Dwyer v. WintersMassachusetts Supreme Judicial Court · 1879
- Kellogg v. LeachMassachusetts Supreme Judicial Court · 1894
- Benway v. JarrattMassachusetts Supreme Judicial Court · 1925