Herschman v. Justices of the Municipal Court
Massachusetts Supreme Judicial Court
Petition, filed on March 10, 1914, for a writ of prohibition addressed to the justices of the Municipal Court of the City of Boston, prohibiting and enjoining them from issuing a certificate authorizing the arrest of the petitioner Herschman upon an execution obtained by the State Bank of New York in an action on two promissory notes indorsed by that petitioner, which were provable against him in bankruptcy proceedings in which the petitioner had obtained a discharge that…
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Petition, filed on March 10, 1914, for a writ of prohibition addressed to the justices of the Municipal Court of the City of Boston, prohibiting and enjoining them from issuing a certificate authorizing the arrest of the petitioner Herschman upon an execution obtained by the State Bank of New York in an action on two promissory notes indorsed by that petitioner, which were provable against him in bankruptcy proceedings in which the petitioner had obtained a discharge that was alleged to be a bar to the claim against him; and a Petition, filed on October 7, 1914, for a writ of habeas corpus,…
1Opinion of the CourtBraley, J.
The petitioners, having effected a composition with their creditors, were released from all provable debts. Bankruptcy act, 1898, § 1 (12), §§ 12,14, as amended by the U. S. Sts. of February 5, 1903, c. 487, and June 25, 1910, c. 412. Turner v. Hudson, 105 Maine, 476. The creditor at whose instigation they are being prosecuted as poor debtors under B. L. c. 168, although scheduled and notified of the proceedings in which it participated, did not prove the notes on which it has obtained judgment in an action begun after adjudication. The petitioners retained counsel, who duly appeared of…
2Cases cited9 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
- Lane v. HolcombMassachusetts Supreme Judicial Court · 1903
- Walker v. . MuirNew York Court of Appeals · 1909
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3Cited by18 opinions
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Leventhal v. Atlantic Finance Corp.Massachusetts Supreme Judicial Court · 1944
- Castaline v. SwardlickMassachusetts Supreme Judicial Court · 1928
- Shapiro v. LyonMassachusetts Supreme Judicial Court · 1925
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