Adams v. Pierce
Massachusetts Supreme Judicial Court
Contract, on a poor debtor’s recognizance under Pub. Sts. c. 162, § 28, entered into after an arrest on execution, by Frank A. Pierce as principal, and Benjamin C. Davis as surety. Trial in the Superior Court, before Hardy, J., who, having found for the plaintiff and assessed damages in the sum of $235.86, reported the case, at the request of the defendants; for the determination of this court.
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Contract, on a poor debtor’s recognizance under Pub. Sts. c. 162, § 28, entered into after an arrest on execution, by Frank A. Pierce as principal, and Benjamin C. Davis as surety. Trial in the Superior Court, before Hardy, J., who, having found for the plaintiff and assessed damages in the sum of $235.86, reported the case, at the request of the defendants; for the determination of this court. If the plaintiff was entitled to recover, judgment was to be entered upon the finding; otherwise, for the defendant. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action upon a recognizance given under Pub. Sts. c. 162, § 28. The defendant Pierce was arrested on a judgment of the police court of Haverhill, entered into the recognizance, and gave notice of his desire to take the oath for the relief of poor debtors on April 13, 1896. The record of the court, then become the Central District for Northern Essex, shows that he appeared before the court on May 13, 1896, in compliance with the notice, “ and the case was continued.” It shows nothing more until 1897, when, on March 13, the debtor filed a petition that a day be set for his…
2Cited by3 opinions
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Ryder v. OuelletteMassachusetts Supreme Judicial Court · 1907