Vinal v. Tuttle
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into under the Pub. Sts. o. 162, § 28, by Robert S. Clisby as principal, and by the defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: Within thirty days from his arrest, Clisby appeared before Frederick D. Ely, a trial justice, .having first given the notice required bylaw.
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Contract, upon a poor debtor’s recognizance, entered into under the Pub. Sts. o. 162, § 28, by Robert S. Clisby as principal, and by the defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: Within thirty days from his arrest, Clisby appeared before Frederick D. Ely, a trial justice, .having first given the notice required bylaw. The hearing was continued from time to time, and on January 10, 1885, it was continued to March 14,1885, at four o’clock p. M. On February 25,1885, Ely tendered to the…
1Opinion of the CourtDevens, J.
It is the duty of one who desires to take th.e oath for the relief of poor debtors to have a competent magistrate present at the time and place appointed for his examination. Even where through no act or omission of the debtor the magistrate fails to be present, or for any reason is no longer qualified to act, his recognizance is broken. Thacher v. Williams, 14 Gray, 324. Morrill v. Norton, 116 Mass. 487. Godfrey v. Munyan, 120 Mass. 240. Mount Washington Glass Works v. Allen, 121 Mass. 283.
Provision is made that when the magistrate is absent another magistrate may continue the proceedings…
2Cases cited3 opinions
- Mount Washington Glass Works v. AllenMassachusetts Supreme Judicial Court · 1876
- Morrill v. NortonMassachusetts Supreme Judicial Court · 1875
- Godfrey v. MunyanMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Sturman v. McCarthyMassachusetts Supreme Judicial Court · 1919
- Jordan Marsh Co. v. CollinsMassachusetts Supreme Judicial Court · 1926
- Radovsky v. SperlingMassachusetts Supreme Judicial Court · 1905
- Sanford v. QuinnMassachusetts Supreme Judicial Court · 1888