Carter v. Clohecy
Massachusetts Supreme Judicial Court
Contract on a recognizance under the Gen. Sts. c. 124, § 10. The case was submitted to the judgment of the superior court, and, upon appeal, of this court, on agreed facts, upon which the only issue argued was as to the validity of the admission of Clohecy, the judgment debtor, to take the oath for the relief of poor debtors, by a trial justice whose only notice to the creditor of the time and place appointed for the debtor’s examination was in these words: “ Essex, ss.
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Contract on a recognizance under the Gen. Sts. c. 124, § 10. The case was submitted to the judgment of the superior court, and, upon appeal, of this court, on agreed facts, upon which the only issue argued was as to the validity of the admission of Clohecy, the judgment debtor, to take the oath for the relief of poor debtors, by a trial justice whose only notice to the creditor of the time and place appointed for the debtor’s examination was in these words: “ Essex, ss. Haverhill, November 19, 1867. To Henry Carter. Simon Clohecy, arrested on execution in your favor, desires to take the oath…
1Opinion of the CourtColt, J.
The only point argued relates to the sufficiency of the notice of the time fixed for taking the examination of the debtor. And this is settled by the express provision of the Gen. Sts. c. 124, § 12, which requires that the magistrate shall issue *300a notice signed by him and designating his official capacity Following the form given in the statute and annexing simply the word “ magistrate ” is manifestly no compliance with its provisions in this respect. The form given is intended to be changed so as to meet the express requirements of the statute, and much of it, including the word “ magistrate…
2Cited by2 opinions
- Maloney v. PiperMassachusetts Supreme Judicial Court · 1870
- Nash v. CoffeyMassachusetts Supreme Judicial Court · 1870