Hall v. Tenney
Superior Court of New Hampshire
Debt, upon a bond dated October 31, 1836, given under the act of January 3, 1833, for the ease and relief of poor debtors ; the condition of which was, that if Lemuel Stevens, jr., a prisoner at the suit of the plaintiff, should, within one year from the day of his arrest, to wit, &c., apply to the proper authority, and actually take the oath or affirmation prescribed by the laws of this state for the relief of poor debtors, or in default thereof should surrender himself up…
Read the full summary
Debt, upon a bond dated October 31, 1836, given under the act of January 3, 1833, for the ease and relief of poor debtors ; the condition of which was, that if Lemuel Stevens, jr., a prisoner at the suit of the plaintiff, should, within one year from the day of his arrest, to wit, &c., apply to the proper authority, and actually take the oath or affirmation prescribed by the laws of this state for the relief of poor debtors, or in default thereof should surrender himself up to the creditor, in the manner prescribed by the laws of this state, then the obligation to be void. The defendant…
1Opinion of the CourtParker, C. J.
It may very well admit of doubt whether the first plea can be supported, notwithstanding it adopts the phraseology of the condition. The plea should show that the oath was administered by a tribunal having jurisdiction of the subject matter ; or, in other words, having competent authority to administer the oath in that case. The allegation that Stevens applied to the proper authority, designates no tribunal, nor shows any fact, on the face of the plea, from which the court can judge whether the application was rightly made, and the oath lawfully administered, or not. But it is not necessary…
2Cases cited1 opinion
- Brown v. DavisSuperior Court of New Hampshire · 1837
3Cited by2 opinions
- Banks v. JohnsonSuperior Court of New Hampshire · 1841
- Angier v. AshSuperior Court of New Hampshire · 1852