Dwyer v. Winters
Massachusetts Supreme Judicial Court
Contract on a recognizance, entered into on April 8, 1876, under the Gen. Sts. e. 124, § 10, by the first-named defendant as principal, and the other as surety, and containing the usual conditions. The case was submitted to the Superior Court on an agreed statement of facts in substance as follows: The name of the defendant, described in the writ as Henry Winters, is Henry D. Winter. Ho other person of the name of Henry D. Winter is known to the parties.
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Contract on a recognizance, entered into on April 8, 1876, under the Gen. Sts. e. 124, § 10, by the first-named defendant as principal, and the other as surety, and containing the usual conditions. The case was submitted to the Superior Court on an agreed statement of facts in substance as follows: The name of the defendant, described in the writ as Henry Winters, is Henry D. Winter. Ho other person of the name of Henry D. Winter is known to the parties. The plaintiff, by the name of Christopher S. Dwyer, recovered judgment against the first-named defendant in the Municipal Court of Boston,…
1Opinion of the CourtAmes, J.
A judgment debtor who has been arrested on an execution, and. who has recognized to deliver himself up for examination, in order to obtain the relief provided by statute for poor debtors, is bound to seasonably inform the creditor of the time and place appointed for the examination. The statute prescribes no specific form of notice in such a case, and any form of notice would undoubtedly be held sufficient that imparts this information, even though it identifies the execution (in case there has been but one) by a simple reference in general terms to an execution in favor of the creditor upon…
2Cases cited2 opinions
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
- Dana v. CarrMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- Benway v. JarrattMassachusetts Supreme Judicial Court · 1925