Legal Opinion

Brown's Case

Massachusetts Supreme Judicial Court

Decided May 23, 1899PublishedCited by 9 opinions

Petition, filed December 28,1898, for a writ of habeas corpus to the keeper of the jail in Suffolk. Hearing before Knowlton, J., who, at the request of the parties, reported the case for the consideration of the full court. The facts appear in the opinion. The case was argued at the bar in January, 1899, and afterwards was submitted on briefs to all the justices, except Field, C. J.

1Opinion of the CourtHolmes, J.

This is a petition for a writ of habeas corpus. The petitioner is held by virtue of a mittimus issued under St. 1898, c. 549, and the only question argued is whether that statute is constitutional. The statute provides that proceedings may be had in any police, district, or municipal court of the district in which a judgment debtor resides, by which after notice, proof that the debt is for necessaries furnished to the debtor or his family, and an examination, a decree may be made fixing the time, place, and amount of payments to be made by the debtor, and that failure without good cause to…

2Cases cited5 opinions

  1. Hayes v. MissouriSupreme Court of the United States · 1887
  2. Missouri v. LewisSupreme Court of the United States · 1880
  3. Ryan v. KingsberySupreme Court of Georgia · 1891
  4. Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
  5. Welles v. BaldwinSupreme Court of Minnesota · 1881

3Cited by9 opinions

  1. Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
  2. Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
  3. Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
  4. White v. WhiteMassachusetts Supreme Judicial Court · 1919
  5. Giarruso v. PaysonMassachusetts Supreme Judicial Court · 1930

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