Barrett Manufacturing Co. v. Shea
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance alleged to have been entered into in the Police Court of Fitchburg by John F. Crowley, the debtor, and by the defendant as surety.
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Contract on a poor debtor’s recognizance alleged to have been entered into in the Police Court of Fitchburg by John F. Crowley, the debtor, and by the defendant as surety. Writ dated June 22, 1914. In the Superior Court the case was tried before Bell, J. The execution on which the debtor was arrested with the affidavit and certificate annexed thereto were described in Exhibit 1 of the record as follows: “A Superior Court execution, Suffolk County, in favor of the plaintiff against John F. Crowley reciting a judgment on March 23rd, 1914, for $267.10 debt and $14.48 costs, dated March 24th,…
1Opinion of the CourtPierce, J.
The record of the Third District Court of Southern Worcester is as follows:
“Preliminary Notice issued 4 April, 1914, returnable 18 April, 1914.
“Continued from 18 April, 1914, to 2 May, 1914.
“2 May, 1914, debtor defaulted, certificate of arrest authorized.”
The defendant does not now controvert the record that the examination was continued from April 18,1914, to May 2,1914, and it is admitted that the debtor did not appear on the day to which the examination was continued. The certificate annexed to the execution was properly issued under R. L. c. 168, § 20. Moreover, it was not competent by…
2Cases cited4 opinions
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Tufts v. HancoxMassachusetts Supreme Judicial Court · 1898
- Niles v. SilvermanMassachusetts Supreme Judicial Court · 1913
3Cited by1 opinion
- State v. Van BuskirkSupreme Court of Iowa · 1921