Buckley v. Mitchell
Massachusetts Supreme Judicial Court
Contract, upon a poor debtor’s recognizance, entered into by the first named defendant as principal, and by the other defendant as surety. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows.
Read the full summary
Contract, upon a poor debtor’s recognizance, entered into by the first named defendant as principal, and by the other defendant as surety. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff contended that the preliminary requirements of the statute had not been complied with, and that the proceedings before the Poor Debtor Court were defective, and that the records showed no discharge of the debtor, and showed no legal notice to the creditor, and that no legal notice in…
1Opinion of the CourtKhowlton, J.
This is an action upon a recognizance given under the Pub. Sts. c. 162, § 28, by a person arrested on an execution in favor of the plaintiff. The debtor made application to take the oath for the relief of poor debtors, and caused notice of the time and place fixed by the court for examination to be duly served upon the creditor. At the time appointed he did not have before the court the notice with the officer’s return of service upon it, nor so far as appears did he present any evidence satisfactory to the court to show that service of the notice had been made upon the creditor or his…
2Cases cited6 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Hills v. JonesMassachusetts Supreme Judicial Court · 1877
- Hooper v. CoxMassachusetts Supreme Judicial Court · 1875
- Millett v. LemonMassachusetts Supreme Judicial Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926