Morse v. Dayton
Massachusetts Supreme Judicial Court
Appeal by Goodrich M. Dayton from a judgment and sentence rendered by a magistrate upon charges of fraud filed by a judgment creditor against him upon his application to take the oath for the relief of poor debtors.
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Appeal by Goodrich M. Dayton from a judgment and sentence rendered by a magistrate upon charges of fraud filed by a judgment creditor against him upon his application to take the oath for the relief of poor debtors. Trial in the Superior Court, before Putnam, J., who, after verdict, reported the case for the determination of this court in substance as follows: On March 28, 1876, the debtor was arrested upon an execution in favor of the judgment creditor, and gave the recognizance required by the Gen. Sts. o. 124, § 10. On April 24, 1876, the debtor appeared before a magistrate duly authorized…
1Opinion of the CourtGray, C. J.
The proceedings upon the application of a debtor to be admitted to take the poor debtor’s oath, and upon charges of fraud filed by the creditor by way of answer to such *49an application, are in their origin and trial, and as regards the jurisdiction of courts, in the nature of a civil action. Parker v. Page, 4 Gray, 533. Stockwell v. Silloway, 100 Mass. 287. Anderson v. Edwards, 123 Mass. 273. Questions of law arising at the trial in the Superior Court might therefore be reported after verdict for the determination of this court. Gen. Sts. c. 115, § 8.
From the judgment of a magistrate on such…
2Cases cited4 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Anderson v. EdwardsMassachusetts Supreme Judicial Court · 1877
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1870
- Valpey v. ReaMassachusetts Supreme Judicial Court · 1878
3Cited by8 opinions
- Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Smith v. DickinsonMassachusetts Supreme Judicial Court · 1885
- Leonard v. BoltonMassachusetts Supreme Judicial Court · 1891
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