Watson v. Bourne
Massachusetts Supreme Judicial Court
To an action of debt brought upon a judgment rendered in the Court of Common Pleas for the county of Kent, in the state of Rhode Island, in favor of the plaintiff, against the defendant, the latter pleads, in bar, a discharge under the insolvent laws of that state.
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To an action of debt brought upon a judgment rendered in the Court of Common Pleas for the county of Kent, in the state of Rhode Island, in favor of the plaintiff, against the defendant, the latter pleads, in bar, a discharge under the insolvent laws of that state. To which the plaintiff replies that, at the time of the accruing of the debt aforesaid, and at the time of the proceedings under the said insolvent laws, and of the rendition of the judgment on which this action is brought, and long before, he was, ever since has been, and still is, a citizen of this commonwealth, and has resided,…
1Opinion of the Court
* Sewall, J.
Upon these pleadings, terminating in an [ * 338 ] issue of law, the averments in the plaintiff’s replication are more immediately referred to the consideration of the Court. The plaintiff relies upon the circumstance of a citizenship and residence within this state, when his demand against the defendant first accrued as a debt, when a judgment was recovered upon it in the state of Rhode Island, and when the defendant was there discharged under the provisions of the statutes for the relief of insolvent debtors, as set forth in his plea in bar. The question to be determined is,…
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3Cited by16 opinions
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