Sanford v. Quinn
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance, entered into by David Lockhead as principal and by the defendant as surety. Trial in the Superior Court, without a jury, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Contract on a poor debtor’s recognizance, entered into by David Lockhead as principal and by the defendant as surety. Trial in the Superior Court, without a jury, before Thompson, J., who allowed a bill of exceptions, in substance as follows. Lockhead, against whom judgment had been recovered by the plaintiff, and who was duly arrested on execution, gave notice of his desire to take the oath for the relief of poor debtors, and an examination was had before a master in chancery, who continued it until May 20, 1886, and again until June 2,1886. On June 1, 1886, the magistrate, who intended to…
1Opinion of the CourtC. Allen, J.
The ruling of the court, to which exception was taken, was that the magistrate had no authority on the first day of June (that being the day before the day to which the case had been adjourned) to continue the case until the ninth day of June. No question was raised at the trial as to the construction of the magistrate’s record, and no request was made to have it written out in full. The question before us must therefore now be considered as if the record showed an adjournment of the ease to June 2d, and an order of the magistrate passed on June 1st for an adjournment from June 2d to June…
2Cases cited1 opinion
- Vinal v. TuttleMassachusetts Supreme Judicial Court · 1887