Calnan v. Toomey
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance entered into, under the Gen. Sts. c. 124, § 10, by the first-named defendant as principal and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on agreed facts, in substance as follows: On November 13, 1875, Toomey was arrested on mesne process, and on November 17 entered into the recognizance declared on.
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Contract upon a poor debtor’s recognizance entered into, under the Gen. Sts. c. 124, § 10, by the first-named defendant as principal and the other defendant as surety, and containing the usual conditions. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on agreed facts, in substance as follows: On November 13, 1875, Toomey was arrested on mesne process, and on November 17 entered into the recognizance declared on. On December 3, at the debtor’s request, a magistrate issued a notice to the plaintiffs, reciting that the debtor “…
1Opinion of the CourtSoule, J.
The notice to the plaintiffs was sufficient. The only error in it was in the statement that the person who wished to take the oath for the relief of poor debtors was arrested on execution, when, in fact, he was arrested on mesne process. This error had no tendency to mislead the plaintiffs, because Toomey had been arrested on only one process in their favor, and no other process had been issued against him in their favor. The notice showed that the application to take the oath was made by a debtor, who was correctly named, who was under arrest on civil process issued in behalf of the…
2Cases cited4 opinions
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
- Pierce v. PhillipsMassachusetts Supreme Judicial Court · 1869
- Dana v. CarrMassachusetts Supreme Judicial Court · 1878
- Salmon v. NationMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Callaghan v. WhitmarshMassachusetts Supreme Judicial Court · 1887
- Benway v. JarrattMassachusetts Supreme Judicial Court · 1925