Hopkins v. Fogler
Supreme Judicial Court of Maine
On exceptions. Petition for a writ of certiorari to quasb the record of the proceedings in the disclosure of Asaph A. Carleton as a poor debtor. It appeared that Carleton was arrested on an execution issued July 28, 1871, on a judgment recovered in favor of this plaintiff, and committed to jail in this county; that afterwards, on the 81st of said July, Carleton was released from imprisonment by giving a bond with two sureties approved in writing, as follows : ‘Waldo, ss.
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On exceptions. Petition for a writ of certiorari to quasb the record of the proceedings in the disclosure of Asaph A. Carleton as a poor debtor. It appeared that Carleton was arrested on an execution issued July 28, 1871, on a judgment recovered in favor of this plaintiff, and committed to jail in this county; that afterwards, on the 81st of said July, Carleton was released from imprisonment by giving a bond with two sureties approved in writing, as follows : ‘Waldo, ss. We, the subscribers, two disinterested justices of the peace and of the quorum of said county, do approve the sureties…
1Opinion of the CourtAppleton, C. J.
This is a petition for a writ of certiorari to quash the record of the proceedings on a poor debtor’s disclosure.
The record shows that the creditor, after being notified, chose one of the magistrates; that after objecting to their jurisdiction his attorney proceeded to examine the debtor, and that from his answers it is apparent that having no real nor personal estate he was properly permitted to take the poor debtor’s oath.
The granting or the refusal to grant the writ of certiorari is a matter of judicial discretion. The writ should never issue- when proceedings are sought to be quashed for…
2Cited by3 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Inhabitants of North Berwick v. State Board of EducationSupreme Judicial Court of Maine · 1967
- Farmers Co-operative Mercantile Co. v. SidnerNebraska Supreme Court · 1963