Petersilea v. Stone
Massachusetts Supreme Judicial Court
Contract upon a poor debtor’s recognizance entered into by Abraham B. Shedd, as principal, and the defendant as surety. The case was submitted to the Superior Court, and after judgment for the defendant, to this court on appeal, or on agreed statement of facts in substance as follows : It is agreed that the defendant entered into the recognizance declared on, and that all the proceedings had upon the application of the judgment debtor, Shedd, for the benefit of the law for…
Read the full summary
Contract upon a poor debtor’s recognizance entered into by Abraham B. Shedd, as principal, and the defendant as surety. The case was submitted to the Superior Court, and after judgment for the defendant, to this court on appeal, or on agreed statement of facts in substance as follows : It is agreed that the defendant entered into the recognizance declared on, and that all the proceedings had upon the application of the judgment debtor, Shedd, for the benefit of the law for the relief of poor debtors, were valid and regular, except in the service upon the plaintiff of the notice of Shedd’s…
1Opinion of the CourtDevens, J.
If Farr was an officer defacto, the validity of the service by him of the notice to take the poor debtor’s oath cannot be inquired into collaterally. Coolidge v. Brigham, 1 Allen, 333. In order to show that he was not, the plaintiff relies upon the statement of Bigelow, C. J., in Fitchburg Railroad v. Grand Junction Railroad, 1 Allen, 552, 557, that “ the exact distinction between an usurper or intruder, and an officer de facto, is this : the former has no color of title to the office; the latter has, by virtue of some appointment or election.” If this were intended as a general definition of…
2Cases cited3 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
3Cited by51 opinions
- Waite v. Santa CruzSupreme Court of the United States · 1902
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
46 more not listed; retrieve them via the Exa API.