McGregor v. Crane
Massachusetts Supreme Judicial Court
Contract on a recognizance taken under the Gen. Sts. c. 124, | 10. In the superior court these facts were agreed : This plaintiff, having recovered judgment and obtained execution against the defendant Crane in an action in the superior court, made the affidavit and procured the certificate of a master in chancery, under the Gen. Sts. c. 124, § 5, to authorize the arrest )f the judgment debtor on the execution, who, being arrested thereon, entered with a surety into this…
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Contract on a recognizance taken under the Gen. Sts. c. 124, | 10. In the superior court these facts were agreed : This plaintiff, having recovered judgment and obtained execution against the defendant Crane in an action in the superior court, made the affidavit and procured the certificate of a master in chancery, under the Gen. Sts. c. 124, § 5, to authorize the arrest )f the judgment debtor on the execution, who, being arrested thereon, entered with a surety into this recognizance, which he afterwards forfeited. But the master in chancery who took the plaintiff’s affidavit and made the…
1Opinion of the CourtGray, J.
In order to authorize the arrest of a debtor on execution, the judgment creditor, or some one in his behalf, must not only make affidavit to certain facts, but must prove them to the satisfaction of the magistrate before whom the affidavit is taken, and the affidavit, with a certificate of the magistrate that he is satisfied that there is reasonable cause to believe the truth of the charges therein contained or some one of them, must be annexed to the execution. Gen. Sts. c. 124, § 5. The magistrate, in determining whether the evidence laid before him is sufficient to satisfy him of such a…
2Cited by8 opinions
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Beauregard v. DaileyMassachusetts Supreme Judicial Court · 1936
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
- Davis v. SeawardNew York Supreme Court · 1914
- Cook v. BerthMassachusetts Supreme Judicial Court · 1869
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