Kellogg v. Leach
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into on March 2, 1893, by the defendant Leach as principal, and the other defendants as sureties.
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Contract, upon a poor debtor’s recognizance, entered into on March 2, 1893, by the defendant Leach as principal, and the other defendants as sureties. At the trial in the Superior' Court, before Dewey, J., it appeared that the plaintiff had recovered a judgment in the Superior Court against the defendant Leach and one Porter A. Underwood, upon which, on January 3, 1893, execution duly issued, and an application was made to a court having jurisdiction of the parties for a certificate authorizing the arrest of both Leach and Underwood, in which the affiant stated that he believed “ that the…
1Opinion of the CourtMorton, J.
The first objection which the defendants make is, that the affidavit annexed to the execution' is defectix-e in stating “ that the debtors Hosea W. Leach and P. A. Underwood, named in the said execution, have property not exempt from being taken on execution which he does not intend to apply to the payment of the judgment creditor’s claim.” It is contended that it is uncertain who is meant by “ he,” and that therefore there is no charge that the defendant Leach has property which he does not intend to apply to the payment of the plaintiff’s claim. But we think that the affidavit is to be…
2Cases cited2 opinions
- Foster v. LeachMassachusetts Supreme Judicial Court · 1894
- Hill v. BartlettMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- McNamara v. DoreyMassachusetts Supreme Judicial Court · 1914