Lowery v. Caldwell
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, upon agreed facts, which, after stating the arrest of the debtor, and his entering into the recognizance in suit, stated that on a certain day the debtor procured from a master in chancery a notice of his intention to take the oath for the relief of poor debtors, a copy of…
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Contract upon a poor debtor’s recognizance, entered into under the Pub. Sts. c. 162, § 28. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, upon agreed facts, which, after stating the arrest of the debtor, and his entering into the recognizance in suit, stated that on a certain day the debtor procured from a master in chancery a notice of his intention to take the oath for the relief of poor debtors, a copy of which notice, with the officer’s return thereon, was annexed. The copy of the notice showed that it was in the usual form,…
1Opinion of the CourtDevens, J.
The defendant Caldwell, having been arrested upon mesne process, entered into a recognizance under the Pub. Sts. o. 162, § 28, that within thirty days from the day of his arrest he would deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof as provided by law, appear at the time fixed for his examination, and not depart without leave of the magistrate, nor make default, but abide the final order of the magistrate thereon. He did take out such notice in proper form, delivered it to an officer competent to serve the same, who…
2Cases cited5 opinions
- Johnson v. HigginsCourt of Appeals of Kentucky · 1861
- Stewart v. GriswoldMassachusetts Supreme Judicial Court · 1883
- Inhabitants of Boston v. TilestonMassachusetts Supreme Judicial Court · 1814
- Henshaw v. SavilMassachusetts Supreme Judicial Court · 1873
- Taylor v. ClarkeMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- Zani v. Phandor Co.Massachusetts Supreme Judicial Court · 1932
- Union Savings Bank v. CameronMassachusetts Supreme Judicial Court · 1946
- Simmons v. RichardsMassachusetts Supreme Judicial Court · 1898