Clatur v. Donegan
Massachusetts Supreme Judicial Court
Charges oe fraud, filed under the Gen. Sts. c. 124, § 31, upon the defendant’s application to be admitted to take the poor debtor’s oath. The first and fourth charges were as follows: “ First.
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Charges oe fraud, filed under the Gen. Sts. c. 124, § 31, upon the defendant’s application to be admitted to take the poor debtor’s oath. The first and fourth charges were as follows: “ First. That since the debt was contracted or cause of action accrued, for which said George Donegan has been arrested in this case, the said George Donegan has fraudulently conveyed, concealed, or otherwise disposed of some part of his property and estate, with a design to secure the same to his own use, or defraud his creditors.” “ Fourth. That the said George Donegan, on or about August 15, 1875, made a…
1Opinion of the CourtGray, C. J.
It was rightly ruled that the motion to dismiss was seasonably made. Chamberlain v. Hoogs, 1 Gray, 172. But the other rulings were erroneous. Upon the appeal from the judgment of the magistrate, the case stood for trial in the Superior Court upon all the charges. Morse v. Dayton, 125 Mass. 47. The fourth charge is in the nature of a specification under the first, and must be construed in connection with it; and a reference to the first charge clearly shows that the property conveyed was the property of the debtor. Stockwell v. Silloway, 100 Mass. 287. Anderson v. Edwards, 123 Mass. 273.
Excepti…
2Cases cited3 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Anderson v. EdwardsMassachusetts Supreme Judicial Court · 1877
- Morse v. DaytonMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Frost's CaseMassachusetts Supreme Judicial Court · 1879
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Auto Owners Finance Co. v. FoleyMassachusetts District Court, Appellate Division · 1940