Marple v. Burton
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into on October 27, 1885, by Albert W. Mann as principal, and the defendant as surety, and containing, among the usual conditions, that Mann should, within thirty days from said October 27, “ deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof” as by law.provided.
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Contract upon a poor debtor’s recognizance, entered into on October 27, 1885, by Albert W. Mann as principal, and the defendant as surety, and containing, among the usual conditions, that Mann should, within thirty days from said October 27, “ deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof” as by law.provided. 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 recovered judgment against Mann on July 1,…
1Opinion of the CourtC. Allen, J.
The only question in this case is whether a debtor, who has been arrested on execution, and has recognized with surety, with condition that, within thirty days from the day of his arrest, he will deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof, as provided in the Pub. Sts. a. 162, § 28, must have the notice served upon the creditor within the thirty days. This question, though not directly involved in Barnes v. Ladd, 130 Mass. 557, was discussed, and the court declared that the statute implied nothing more than that the…
2Cases cited1 opinion
- Barnes v. LaddMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
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- Eames v. RiceMassachusetts Supreme Judicial Court · 1893
- Kalbritan v. IsidorMassachusetts Supreme Judicial Court · 1926