Jones v. Jones
Supreme Judicial Court of Maine
On exceptions. The case is stated in the opinion. (1.) A commitment of a debtor in execution is, by the common law, a discharge of judgment. Coburn v. Palmer, 10 Cush. 273; see also Miller v. Miller, 25 Maine, 110 (113). But by the provisions of Act of 1835, chap. 195,— the original statute for relief of poor debtors — the rule of the common law was changed. Spencer v. Garland, 20 Maine, 75. The Court say: "The twelfth section [sect. 42, chap. 148, II.
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On exceptions. The case is stated in the opinion. (1.) A commitment of a debtor in execution is, by the common law, a discharge of judgment. Coburn v. Palmer, 10 Cush. 273; see also Miller v. Miller, 25 Maine, 110 (113). But by the provisions of Act of 1835, chap. 195,— the original statute for relief of poor debtors — the rule of the common law was changed. Spencer v. Garland, 20 Maine, 75. The Court say: "The twelfth section [sect. 42, chap. 148, II. S., 1840] . . . provided that the discharge of the debtor should not in such cases impair the rights of the creditor to obtain satisfaction…
1Opinion of the CourtPeters, C. J.
This is an action of debt on a judgment recovered by Leonard Keith against the defendant in this court in Franklin county in 1857 ; the plaintiff being the owner of such judgment by an assignment thereof from Keith. The defendant soon after the judgment was recovered was arrested on an execution issued thereon, gave a poor debtor’s bond to save his commitment to jail, and was discharged upon a disclosure made under the terms of such bond.
It was contended at the trial of this case that no action can be maintained upon the judgment for the alleged reason that, by the provisions of the poor…
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