Green v. Justices of the Municipal Court of the Boston
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on June 25,1918, for a writ of prohibition prohibiting the judges of the Municipal Court of the City of Boston from “issuing and affixing a certificate to the execution authorizing your petitioner’s arrest” in poor debtor proceedings and directing them “to discharge said petitioner and dismiss said proceedings.” The petition was heard by Crosby, J., upon an agreed statement' of facts.
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Petition, filed in the Supreme Judicial Court on June 25,1918, for a writ of prohibition prohibiting the judges of the Municipal Court of the City of Boston from “issuing and affixing a certificate to the execution authorizing your petitioner’s arrest” in poor debtor proceedings and directing them “to discharge said petitioner and dismiss said proceedings.” The petition was heard by Crosby, J., upon an agreed statement' of facts. The material facts agreed to are stated in the opinion. The single justice denied the petition; and the petitioner alleged exceptions. The case was submitted on…
1Opinion of the CourtDe Courcy, J.
The Dalton-Ingersoll Company, (hereinafter called the creditor,) sued the petitioner Green, (hereinafter called the debtor,) and on July 23, 1917, recovered judgment in the sum of $562.28 and costs. The' debtor reduced • the amount of the judgment to $339:34 by payments at various *554times; and on April 9, 1918, an alias execution issued for that amount.
On October 25, 1913, in order to vacate a judgment in the case occasioned by the default of the debtor, it had become necessary for him to give a supersedeas bond and the Fidelity and Deposit Company of Maryland became surety thereon. This surety…
2Cases cited3 opinions
- Hunneman v. Lowell Institution for SavingsMassachusetts Supreme Judicial Court · 1910
- Holmes v. DayMassachusetts Supreme Judicial Court · 1871
- Barry v. CurleyMassachusetts Supreme Judicial Court · 1909