Blake v. Gilbert
Superior Court of New Hampshire
Debt upon a gaol bond in tho usual form, dated on the 30th day of October, 1839, and given for the release of one Samuel J. Yalpey from arrest upon an execution in favor of the plaintiffs against Yalpey, and signed by the defendant' as surety for Yalpey.
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Debt upon a gaol bond in tho usual form, dated on the 30th day of October, 1839, and given for the release of one Samuel J. Yalpey from arrest upon an execution in favor of the plaintiffs against Yalpey, and signed by the defendant' as surety for Yalpey. The defendant proved that Yalpey, on the 2d day of May, 1840, before David C. Churchill and Arthur Latham, Esquires, two justices of the peace and quorum for this county, upon due notice and appearance by the plaintiffs, was admitted to take, and did take, the poor debtor’s oath in the form prescribed by the statute. In answer to the defence…
1Opinion of the CourtGilchrist, J.
By the 3d section of the Act of Jan. 3d, 1829, N. H. Laws 476, (Ed. of 1830,) it is provided that the magistrate “ shall administer the following oath or affirmation to the debtor.” There is no other statutory provision on the subject, and nothing farther is said in relation to the testimony of the debtor.
The position taken by the counsel for the plaintiffs goes far enough to maintain that, for the admission of any evidence which in a court of law would be incompetent to be submitted to a jury, we must hold the proceedings of the magistrates invalid.
Thus for the admission of hearsay evidence,…
2Cases cited1 opinion
- Bunker v. NutterSuperior Court of New Hampshire · 1838