Dean v. Justices of Municipal Court
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the respondents to proceed with the examination of a poor debtor, under Pub. Sts. c. 162. Hearing before Hammond, J., who, at the request of the parties, reserved the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a petition for a mandamus to the Justices of the Municipal Court of Boston, to compel them to proceed with the examination of a poor debtor arrested at the suit of the petitioner, who has a judgment against him. The defence is a discharge in bankruptcy, granted on December 27, 1898. The petitioner seeks to avoid the operation of the discharge on the single ground that the debt due to him was not proved in the bankruptcy proceedings, but was proved in previous insolvency proceedings in this State, and that in the insolvency case the debtor was refused a discharge on June 15, 1898. The…
2Cases cited3 opinions
- In re DriskoDistrict Court, D. Massachusetts · 1875
- In re FarrellDistrict Court, D. New Jersey · 1871
- Van Ingen v. Justices of the Municipal CourtMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- In re ClaffDistrict Court, D. Massachusetts · 1901
- Youngman v. SalvageNorth Dakota Supreme Court · 1911