Allen v. Bruce
Superior Court of New Hampshire
Debt, on two joint and several bonds, given pursuant to the statute for the ease and relief of poor debtors, executed by the defendant, as one of the sureties of Charles Underwood, the debtor, to Ezra Allen, the creditor, for the several sums of $725.26, and $142.98, and dated the 5th day of February, 1838 ; each with the condition that if Underwood, then a prisoner at the suit of Allen, should, within one year from the 5th day of February, 1838, apply to the proper…
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Debt, on two joint and several bonds, given pursuant to the statute for the ease and relief of poor debtors, executed by the defendant, as one of the sureties of Charles Underwood, the debtor, to Ezra Allen, the creditor, for the several sums of $725.26, and $142.98, and dated the 5th day of February, 1838 ; each with the condition that if Underwood, then a prisoner at the suit of Allen, should, within one year from the 5th day of February, 1838, apply to the proper authority, and be admitted to take, and actually take, the poor debtor’s oath ; or, in default thereof, should surrender himself…
1Opinion of the CourtUpham, J.
In the case of Gear vs. Smith & a., 9 N. H. Rep. 65, it was holden by the court, that the admission of an individual by commissioners of jail delivery to take the poor debtor’s oath, was a judicial act; and that, where application was made to magistrates by an individual to take the poor debtor’s oath, and one of the magistrates selected by him was an uncle of the debtor — which fact was unknown to the creditor, or his attorney, so that the exception might be taken at the hearing — permission to take such oath on a hearing before the magistrates was invalid.
There is no evidence in this case…
2Cases cited3 opinions
- Eggleston v. SmileyNew York Supreme Court · 1819
- Gear v. SmithSuperior Court of New Hampshire · 1837
- Pierce v. SheldonNew York Supreme Court · 1816
3Cited by1 opinion
- Downer v. HollisterSuperior Court of New Hampshire · 1843