Mowry's Case
Massachusetts Supreme Judicial Court
Habeas cobpus. The petitioner was arrested on an execution for debt in a civil action, upon affidavit that he had property not exempt from being taken on execution, which he did not intend to apply to the payment of the plaintiff’s claim; and duly applied to a magistrate to be admitted to take the poor debtors’ oath.
Read the full summary
Habeas cobpus. The petitioner was arrested on an execution for debt in a civil action, upon affidavit that he had property not exempt from being taken on execution, which he did not intend to apply to the payment of the plaintiff’s claim; and duly applied to a magistrate to be admitted to take the poor debtors’ oath. Pending his examination, the creditor filed charges of fraud against him for fraudulently conveying, concealing and otherwise disposing of some part of his estate with a design to secure the same to his own use, and to defraud his creditors; to which charges the debtor pleaded…
1Opinion of the CourtGbay, C. J.
The question in this case depends upon the construction to be given to the somewhat complicated provisions of the 124th chapter of the General Statutes, and can hardly be made intelligible without stating the substance of the sections which bear upon it.
*396By § 5, no person can be arrested on execution for debt in an action of contract, without an affidavit in behalf of the creditor, and proof to the satisfaction of a magistrate, either, 1st. “ That the debtor has property not exempt from being taken on execution, which he does not intend to apply to the payment of the plaintiffs claim; ” or,…
2Cases cited3 opinions
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1870
- Dennis's CaseMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Renado v. LummusMassachusetts Supreme Judicial Court · 1910
- Loomer v. DionneMassachusetts Supreme Judicial Court · 1959
- King's CaseMassachusetts Supreme Judicial Court · 1894
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
2 more not listed; retrieve them via the Exa API.