Bunker v. Nutter
Superior Court of New Hampshire
Debt on a bond, given with the condition that one Bradbury Scriggins, who was then under arrest, on an execution issued in favor of the plaintiff, should, within one year, take the oath prescribed for the ease and 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.
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Debt on a bond, given with the condition that one Bradbury Scriggins, who was then under arrest, on an execution issued in favor of the plaintiff, should, within one year, take the oath prescribed for the ease and 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. On trial it appeared that application was made to two of the justices of the peace and quorum, to be admitted to take the oath prescribed by statute passed the l&thof June, 1807, entitled “an act to exempt certain goods and chattels of…
1Opinion of the CourtUpham, J.
In the application made in this instance to take the poor debtor’s oath, the applicant states that he has not any estate, real or personal, in possession, reversion, or in remainder, to the amount of twenty dollars, excepting goods and chattels exempted from attachment and execution, and he prays to be admitted to take the oath prescribed by act of 16th June, 1807. The object of the application is so fully set forth, that the design must have been apparent to the creditor, notwithstanding the wrong statute was specified.
Had the creditor paid no regard to this notice, he might have availed…
2Cited by3 opinions
- Banks v. JohnsonSuperior Court of New Hampshire · 1841
- Blake v. GilbertSuperior Court of New Hampshire · 1844
- Scovell v. HolbrookSuperior Court of New Hampshire · 1851