Anderson v. Edwards
Massachusetts Supreme Judicial Court
Appeal from a judgment of not guilty rendered by a trial justice, upon charges of fraud filed by judgment creditors against a debtor at his examination upon his application to take the oath for the relief of poor debtors.
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Appeal from a judgment of not guilty rendered by a trial justice, upon charges of fraud filed by judgment creditors against a debtor at his examination upon his application to take the oath for the relief of poor debtors. One of the charges of fraud was as follows: “ That, since the debt was contracted on which F. W. Anderson and another obtained their judgment and execution, the said Edwards has fraudulently conveyed, concealed and otherwise disposed of his estate or some part thereof with a design to secure the same to his own use and to defraud his creditors.” Under this charge, the…
1Opinion of the CourtMorton, J.
Proceedings under the Gen. Sts. c. 124, for the relief of poor debtors arrested on mesne process or execution, are essentially in their nature civil proceedings. They are instituted by the debtor to obtain his discharge from imprisonment for debt; they are cognizable only by courts of civil jurisdiction; Parker v. Page, 4 Gray, 533; and, like other civil actions, they are at all stages of the proceedings under the control of the parties thereto. It is true that, as one of the incidents of the proceedings, the creditor may file charges of fraud, which, if proved, may at the discretion of the…
2Cases cited2 opinions
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
- Stockwell v. SillowayMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Grella v. Lewis Wharf Co.Massachusetts Supreme Judicial Court · 1912
- State v. BowmanSupreme Court of Missouri · 1917
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
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