Barnes v. Ladd
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into on January 5, 1880, by Amasa C. Morse as principal, and the defendants as sureties, and containing, among the usual conditions, that Morse should, within thirty days from said January 5, “deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof ” as by law provided.
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Contract upon a poor debtor’s recognizance, entered into on January 5, 1880, by Amasa C. Morse as principal, and the defendants as sureties, and containing, among the usual conditions, that Morse should, within thirty days from said January 5, “deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof ” as by law provided. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on agreed facts, in substance as follows: Morse was arrested, on January 5, 1880, on an execution…
1Opinion of the CourtLord, J.
This case has been argued by the plaintiff’s coun sel upon his construction of the statute that the poor debtor must not only surrender himself within the thirty days limited by his recognizance, but must surrender himself at such time during the thirty days as shall afford opportunity to give the notice required to the creditor to appear within the thirty days and examine the debtor. Some portions of his argument would imply that the debtor must be actually examined and the oath administered within the thirty days. If, however, the former position cannot be maintained, this claim would be…
2Cases cited1 opinion
- City National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Marple v. BurtonMassachusetts Supreme Judicial Court · 1887
- Henderson v. ParsonsMassachusetts Supreme Judicial Court · 1912
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926
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