Lane v. Holman
Massachusetts Supreme Judicial Court
Tort for an illegal arrest and false imprisonment. At the trial in the Superior Court, before Staples, J., the jury returned a verdict for the plaintiff; and the judge reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtField, J.
It is contended that the arrest was unlawful, because, although the certificate of arrest was issued after notice to the debtor to appear and submit himself to an examination touching his estate, pursuant to the Pub. Sts. c. 1-62, § 18, the service of the notice was insufficient.
The statute requires that the notice be served “ by delivering an attested copy of the notice to the debtor, or leaving the same at his last and usual place of abode, allowing not less than three days before the time fixed for the examination, and at the rate of one day additional for every twenty-four miles’ travel.”…
2Cases cited3 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Stewart v. GriswoldMassachusetts Supreme Judicial Court · 1883
- Carleton v. Akron Sewer Pipe Co.Massachusetts Supreme Judicial Court · 1880
3Cited by9 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Allen v. FrommeAppellate Division of the Supreme Court of the State of New York · 1910
- Loza v. OsmolaMassachusetts Supreme Judicial Court · 1932
- Simmons v. RichardsMassachusetts Supreme Judicial Court · 1898
- Williams v. ShillaberMassachusetts Supreme Judicial Court · 1891
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