Ayer v. Fowler
Supreme Judicial Court of Maine
Debt on a debtor’s six months bond. He read a certificate from two justices of the peace and of the quorum, that he had, within the six months, taken the oath mentioned as one of the conditions of the bond. To avoid the effect of that certificate, by showing some defects in the proceedings, the plaintiff introduced certain documents, which were objected to, but are to be used, so far as legally admissible in evidence.
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Debt on a debtor’s six months bond. He read a certificate from two justices of the peace and of the quorum, that he had, within the six months, taken the oath mentioned as one of the conditions of the bond. To avoid the effect of that certificate, by showing some defects in the proceedings, the plaintiff introduced certain documents, which were objected to, but are to be used, so far as legally admissible in evidence. These documents were : — 1. A paper, certified by M. T., as justice of the peace, to be a copy of the debtor’s application to him for a citation to the plaintiff, of the…
1Opinion of the CourtHoward, J.
— Fowler was arrested on execution, and gave the bond in suit, with the other defendants, as his sureties, under the provisions of the R. S. chap. 148, § 20. It was contended in defence, that he had complied with the first condition of the bond, by seasonably citing the creditor, submitting himself to examination, and duly taking the oath prescribed in the 28th section of the same chapter. He produced a certificate of two justices of the peace and of the quorum, in conformity with the provisions of the 31st section of that chapter and it was admitted without objection.
This certificate…
2Cases cited1 opinion
- United States v. PerchemanSupreme Court of the United States · 1833
3Cited by2 opinions
- Mississippi County v. JacksonSupreme Court of Missouri · 1872
- O'Keefe v. BehrensSupreme Court of Kansas · 1906