Knight v. Sampson
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance. The case was submitted to the superior court, and, on appeal, to this court, on these facts agreed: On October 4, 1864, Sampson, under arrest on an execution, entered, with the other defendant as surety, into a recognizance under the Gen. Sts. c. 124, § 10, to deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided in the statute, “ and appear at…
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Contract on a poor debtor’s recognizance. The case was submitted to the superior court, and, on appeal, to this court, on these facts agreed: On October 4, 1864, Sampson, under arrest on an execution, entered, with the other defendant as surety, into a recognizance under the Gen. Sts. c. 124, § 10, to deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided in the statute, “ and appear at the time fixed for his examination, and from time to time until the same is concluded, and not depart without leave of…
1Opinion of the CourtGray, J.
The debtor, having entered into a recognizance under the Gen. Sts. c. 124, § 10, to abide the final order of the magistrate, was not liable to arrest until the magistrate had made and certified upon the execution an order refusing him the poor debtor’s oath; and his failure to be in attendance at that time, when an officer was present for the purpose of taking him to jail, was a breach of the recognizance. Lothrop v. Bailey, 14 Allen, 514.
No disqualification is shown of the justice of the peace who took the affidavit upon which the debtor was arrested on execution. He was not the attorney of…
2Cases cited1 opinion
- McGregor v. CraneMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- Fuller v. MeehanMassachusetts Supreme Judicial Court · 1875