Henderson v. Parsons
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance entered into by the defendant Everett W. Parsons as a judgment debtor and the defendant Lina F. Parsons as surety. Writ dated August 26, 1909. In the Superior Court the case was heard by Raymond, J., without a jury.
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Contract upon a poor debtor’s recognizance entered into by the defendant Everett W. Parsons as a judgment debtor and the defendant Lina F. Parsons as surety. Writ dated August 26, 1909. In the Superior Court the case was heard by Raymond, J., without a jury. The following facts appeared: On June 20, 1908, the judgment debtor was arrested on execution and taken before the District Court of Eastern Essex, when he and the surety entered into the recognizance in accordance with R. L. c. 168, § 30. On July 20,1908, the judgment debtor and his counsel appeared in the District Court of Eastern Essex…
1Opinion of the CourtBraley, J.
By the terms of the recognizance given by the defendants, the judgment debtor, if he desired to take the oath for the relief of poor debtors, became bound within thirty days from the date of his arrest to deliver himself up for examination before a court or magistrate qualified to act, and to give noticg to the plaintiffs of the time and place fixed for the hearing. R. L. c. 168, §§ 30, 33. It is not a sufficient compliance with the conditions, that the debtor’s application should be seasonably made, but the notice must be issued before the expiration of the thirty days, even if the return…
2Cases cited5 opinions
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Barnes v. LaddMassachusetts Supreme Judicial Court · 1881
- Marple v. BurtonMassachusetts Supreme Judicial Court · 1887
- Ryder v. OuelletteMassachusetts Supreme Judicial Court · 1907
3Cited by4 opinions
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- H. B. Smith Co. v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Modern Finance Co. v. MartinMassachusetts Supreme Judicial Court · 1942
- Giantsi v. ChristopherMassachusetts Supreme Judicial Court · 1931