Safford v. Clark
Massachusetts Supreme Judicial Court
Contbact on a recogmzance entered into under the Gen. Sts. c. 124, § 10, by Luther H. Clark as principal, and the other defendants as sureties.
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Contbact on a recogmzance entered into under the Gen. Sts. c. 124, § 10, by Luther H. Clark as principal, and the other defendants as sureties. Trial in the superior court, without a jury, before Pitman, J., who reported the following case: Clark having been arrested on an execution in favor of the plaintiff, and having entered into the recognizance sued on, a notice of Ms desire to take the poor debtor’s oath, fixing the time of the examination at ten o’clock' in the forenoon of Monday, December 20, 1869, was issued to the plaintiff. The return, signed by the officer who served tMs notice,…
1Opinion of the CourtAmes, J.
By the Gen. Sts. e. 124, § 14, it is provided that “when a defendant or debtor has given notice of his desire to take the oath for the relief of poor debtors, no new notice of the same shall be given until the expiration of seven days from the service of the former notice, unless the former notice was insufficient in form or service.” The only question in this case was as to the sufficiency of the first notice, the second having been given within less than seven days after the first. The length of the notice to which the creditor is entitled depends upon the distance of the place of the…
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