Homer v. Sinnott
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by A. H. Sinnott as principal, and the other defendant as surety, and conditioned that Sinnott, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place…
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by A. H. Sinnott as principal, and the other defendant as surety, and conditioned that Sinnott, who had been arrested on an execution in favor of the plaintiff, should, within thirty days from the day of his arrest, deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time and place fixed for his examination, and from time to time until the same was concluded, and not depart without leave of the…
1Opinion of the CourtDevens, J.
Neither the plaintiffs, nor any agent or attorney for them, residing in the county of Worcester, or having any usual place of business therein, service of the notice of intention to take the poor debtor’s oath was properly made upon the officer who had arrested the debtor ; and unless a longer time previously to the examination is necessary where notice is thus served than would have been required if service had been made at the same time and place upon the plaintiffs or their attorney, the service was also in these respects sufficient. Gen. Sts. c. 124, § 13. Jacot v. Wyatt, 10 Gray, 236.
Whil…
2Cited by2 opinions
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