Dana v. Carr
Massachusetts Supreme Judicial Court
Contract on a recognizance, entered into under the Gen. Sts. c. 124, § 10, by the first named defendant as principal, and the other as surety, and conditioned that Carr, who had been arrested on an execution in favor of the plaintiffs, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by •aw, and appear at the time and place…
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Contract on a recognizance, entered into under the Gen. Sts. c. 124, § 10, by the first named defendant as principal, and the other as surety, and conditioned that Carr, who had been arrested on an execution in favor of the plaintiffs, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by •aw, and appear at the time and place fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the…
1Opinion of the CourtSoule, J.
The notice to the creditors was sufficient. It contained the names of four of them in full, and stated that the debtor, arrested on execution in their favor, desired to take the poor debtor’s oath, and that a time and place named were appointed for the examination of the debtor. This notice was served in due season on the attorney of the creditors, who was *399the proper person on whom to make service. None of the creditors had any other execution or action against the debtor, nor was the attorney on whom service was made attorney for any other judgment creditor of the debtor. Under these…
2Cases cited2 opinions
- Pierce v. PhillipsMassachusetts Supreme Judicial Court · 1869
- Tucker v. BruceMassachusetts Supreme Judicial Court · 1876
3Cited by3 opinions
- Calnan v. ToomeyMassachusetts Supreme Judicial Court · 1880
- Dwyer v. WintersMassachusetts Supreme Judicial Court · 1879
- Benway v. JarrattMassachusetts Supreme Judicial Court · 1925