Henshaw v. Cotton
Massachusetts Supreme Judicial Court
Petition for a writ of prohibition to restrain a master in chancery from proceeding to hear the application of M. F. Paige, a debtor arrested on mesne process, to take the oath that he did not intend to leave the state.
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Petition for a writ of prohibition to restrain a master in chancery from proceeding to hear the application of M. F. Paige, a debtor arrested on mesne process, to take the oath that he did not intend to leave the state. At the hearing before Sndiaott, J., it appeared that Paige was arrested on January 2, 1879, on a writ in an action of contract, in which the petitioner was plaintiff, and was taken before a magistrate, before whom he declared that he did not desire to take any oath, or to recognize or give bail for his appearance at any time ; and he was accordingly committed to jail. On…
1Opinion of the CourtGray, C. J.
In order to warrant an arrest on mesne process in an action of contract, it is only necessary that the plaintiff, or some one in his behalf, should make affidavit of, and prove to the satisfaction of a magistrate, certain facts as to the plaintiff’s cause of action and the defendant’s property, and “that he believes, and has reason to believe, that the defendant intends to leave the state, so that execution, if obtained, cannot be served upon him.” Gen. Sts. c. 124, § 1. The defendant, when so arrested, must be taken before a magistrate, who, if the defendant wishes it, is to issue notice to…
2Cases cited1 opinion
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
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