Legal Opinion

Champion v. Noyes

Massachusetts Supreme Judicial Court

Decided May 15, 1807PublishedCited by 21 opinions

To a scire facias on a bail bond, the defendant pleads in bar that, after making and executing the bond, Leonard, the principal, became a bankrupt, according to the intent and meaning of the act of the United, States entitled “ An Act to provide a uniform system of bankruptcy throughout the United States,” ánd on the 10th day of July, A. I). 1805, obtained his certificate.

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To a scire facias on a bail bond, the defendant pleads in bar that, after making and executing the bond, Leonard, the principal, became a bankrupt, according to the intent and meaning of the act of the United, States entitled “ An Act to provide a uniform system of bankruptcy throughout the United States,” ánd on the 10th day of July, A. I). 1805, obtained his certificate. The defendant then avers that the plaintiff’s demand against the said Leonard was due before the act of bankruptcy committed, and might and ought to have been proved before the commissioners. Wherefore he prays judgment,…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

To this scire facias the defendant pleads in bar of the execution. The substance of the plea is, that the principal is a certificated bankrupt; that the original judgment was for a debt he owed the plaintiff before the bankruptcy, and which might have been proved under the commission ; and that the certificate has been allowed since the rendition of the judgment. To this plea there is a general demurrer and joinder. * If [ * 483 J *434the facts thus pleaded are sufficient in law to excuse the bail from satisfying the judgment, and…

2Cases cited5 opinions

  1. Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
  2. Harrington v. DennieMassachusetts Supreme Judicial Court · 1816
  3. Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
  4. Coolidge v. CaryMassachusetts Supreme Judicial Court · 1817
  5. Bigelow v. JohnsonMassachusetts Supreme Judicial Court · 1819

3Cited by21 opinions

  1. Kalloch v. ElwardSupreme Judicial Court of Maine · 1919
  2. Aiken v. RichardsonSupreme Court of Vermont · 1843
  3. DiRuscio v. PopoliMassachusetts Supreme Judicial Court · 1929
  4. Lawton v. StateTexas Supreme Court · 1849
  5. Lowther v. LawrenceOhio Supreme Court · 1833

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