Grimes v. Briggs
Massachusetts Supreme Judicial Court
Tobt for the conversion of certain goods. Writ- dated February 25, 1871. At the trial in the Superior Court, before Dewey, J., it appeared that the plaintiffs, having an execution against William H. Harlow, caused him to be arrested thereon in November 1870; that he was taken before a magistrate for examination upon his application to take the poor debtor’s oath; that the examination having been had in the presence of the plaintiffs’ counsel, the magistrate told Harlow that…
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Tobt for the conversion of certain goods. Writ- dated February 25, 1871. At the trial in the Superior Court, before Dewey, J., it appeared that the plaintiffs, having an execution against William H. Harlow, caused him to be arrested thereon in November 1870; that he was taken before a magistrate for examination upon his application to take the poor debtor’s oath; that the examination having been had in the presence of the plaintiffs’ counsel, the magistrate told Harlow that if he would execute an assignment to the plaintiffs of any interest he might have in any property, not exempt from being…
1Opinion of the CourtAmes, J.
Upon the facts stated in the bill of exceptions, it must be inferred that Harlow was not subjected to any unlawful or improper duress. The plaintiffs, as judgment creditors, having an execution against him, had a right to cause him to be arrested, and also had a right, upon proper notice of his application as a poor debtor to be discharged from such arrest, to appear upon his examination and to oppose his discharge. It cannot be said that by accepting payment or security for the debt, and thereupon allowing or ordering his discharge, they were guilty of any abuse of legal process. There was…
2Cases cited1 opinion
- Hutchins v. ShawMassachusetts Supreme Judicial Court · 1850
3Cited by11 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Joy Stevens of California v. Plymouth Finishing Co.Massachusetts Supreme Judicial Court · 1969
- Littlefield v. Maine Central RailroadSupreme Judicial Court of Maine · 1908
- Cross v. BarberSupreme Court of Rhode Island · 1888
- Cifizzari v. D'AnnunzioMassachusetts District Court, Appellate Division · 1984
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