Way v. Wheeler
Massachusetts Supreme Judicial Court
Contract against the principal and surety on a recognizance of the defendant Wheeler, made upon his arrest on an execution issued by the Police Court of Boston. The condition of the recognizance was that Wheeler should deliver himself up for examination, &c., within thirty days from the day of his arrest, before some magistrate, &c.
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Contract against the principal and surety on a recognizance of the defendant Wheeler, made upon his arrest on an execution issued by the Police Court of Boston. The condition of the recognizance was that Wheeler should deliver himself up for examination, &c., within thirty days from the day of his arrest, before some magistrate, &c. The answer alleged Wheeler’s discharge according to law, after due notice to the plaintiff of his intention to take the poor debtors’ oath, and the due administration of the oath to him by a master in chancery. Trial by jury was waived, and the case was heard in…
1Opinion of the CourtMorton, J.
The General Statutes provide that the notice of an intention to take the poor debtors’ oath shall be served “ by giving to the plaintiff or creditor, his agent or attorney, an attested copy thereof, or by leaving such copy at the last and usual place of abode of the plaintiff or creditor, his agent or attorney, allowing not less than one hour before the time appointed for the examination, and time for travel at the rate of not less than one day for every twenty-four miles of travel.” Gen. Sts. e. 124, § 13. The St. of 1861, c. 112, provides that “ whenever the notice permitted by the…
2Cited by1 opinion
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