Commonwealth v. Martin
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 118, § 106, alleging that, on January 24, 1880, a petition was duly filed in the Court of Insolvency for the county of Franklin against the defendant, who was then and there a debtor, praying that a warrant might be issued to take possession of his estate, that the same might be seized and distributed according to law, of which petition and of the filing and pendency of the same the defendant had due notice; that afterwards, while the petition…
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Indictment on the Gen. Sts. c. 118, § 106, alleging that, on January 24, 1880, a petition was duly filed in the Court of Insolvency for the county of Franklin against the defendant, who was then and there a debtor, praying that a warrant might be issued to take possession of his estate, that the same might be seized and distributed according to law, of which petition and of the filing and pendency of the same the defendant had due notice; that afterwards, while the petition was still pending, and after the defendant had had due notice of the filing of the same against him, on January 29,…
1Opinion of the CourtLord, J.
This indictment is on the Gen. Sts. e. 118, § 106, which provides that, “ if a debtor, after notice of the filing of a petition by or against him, secretes or conceals any property belonging to his estate,” he is punishable “ by imprisonment in the state prison not exceeding five years, or in the jail not exceeding two years.”
Section 104 of the same chapter provides that “the judge, after notice of the petition given to the debtor by a copy thereof served upon him personally or left at his last and usual place of abode, and a hearing,” “ shall forthwith issue his warrant to take possession of…
2Cases cited1 opinion
- Allen v. BrownCourt of Appeals of Kentucky · 1863
3Cited by1 opinion
- State v. MitchellWest Virginia Supreme Court · 1900