Francis v. Howard
Massachusetts Supreme Judicial Court
Contract against the principal and sureties on a recognizance entered into by them under Gen. Sts. c. 124, § 10, upon the arrest of the defendant Howard on mesne process in a suit against him by the plaintiffs in this action.
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Contract against the principal and sureties on a recognizance entered into by them under Gen. Sts. c. 124, § 10, upon the arrest of the defendant Howard on mesne process in a suit against him by the plaintiffs in this action. At the trial in the Superior Court before Devens, J., the jury found for the plaintiffs, and the case was reported for the revision of this court, in substance as follows : At the trial the defences relied upon were, that there had been no lawful arrest in the original action, and no breach of the recognizance. The affidavit upon the writ, in the original action,…
1Opinion of the CourtAmes, J.
We see no reason to doubt the legality of the arrest of the debtor. Nothing contained in any statute upon the subject of arrest upon mesne process requires that the affidavit necessary for that purpose should be sworn to before a magistrate within the county in which the arrest is to be made, or in which the debtor resides or has his place of business.
It appears that the creditors had somewhat less than six hours’ notice of the intended examination of the debtor, and that the distance from the place of service to the place of examination was fifteen miles. All objection to the sufficiency of…
2Cited by4 opinions
- Howard v. RoachMassachusetts Supreme Judicial Court · 1917
- Atwood v. WheelerMassachusetts Supreme Judicial Court · 1889
- Newmarket National Bank v. CramMassachusetts Supreme Judicial Court · 1881
- Cutler v. BoydMassachusetts Supreme Judicial Court · 1878